Can past employers slander you when new employers call for a reference? Isn't that illegal? Please advise,thx!

Question

I am having a VERY difficult time getting chosen for a job because of my past employer. I was hired for an Admin Asst. but was quickly moved to "receptionist". After putting up with it for 10 plus months, I decided I had to quit and move on. My old boss was PISSED and said he would do everything he could to make it hard for me to find a new job. (He is a very mean-spirited person) whom no one in the office really likes. He has done this to many women before me and I was told I was the one who "lasted the longest" under his "control".

Since leaving there, I have had to list him as my previous supervisor ( because he was ) and he is telling potential employers inappropriate and untruthful things about me.

What can I do to stop this? I need some good advice so he stops doing this, he's ruining my life and I don't even work there any more.

Thank you for any/all responses.

Ashley

Answer 1

Is there somebody who handles HR matter in that company? What you need to do is to write a letter to your old boss and this person who handles HR matter. Say that you have evidence (say it even if you don't have it) that shows your boss is making negative comment about you. And demand that your boss will NOT talk to any of your potential employer. Instead, you want the HR person to tell how long you were employed at what position and how much money you were making and nothing else. And you also demand that you have a permission to list HR person's name as a person you were reporting to. By doing that you eliminate all possibility of anybody contacting your old boss. In the letter say that you would like to hear from them in writing confirming they agree to do so. And say that if you don't hear from them within one week (give them a date), you will be talking to your attorney regarding the personal slander and his comment about making it hard for you to get a job. Emphasize one more time you have an evidence. Say that once they agree to your demand, you will not hold him or the company responsible for the past harmful conduct (unless you are thinking about suing him). Normal company will agree to your demand after this. If he doesn't, and if he is the owner, you may have to pay an attorney to write a letter.

Answer 2

That is illegal. I would get a lawyer and sue. Why don't you look up information on this site http://www.eeoc.gov/charge/overview_charge_filing.html

Until then I would leave that position off of your resume if you only worked 10 months). And if future employers ask you about the gap you can always say that you took time off to really do a complete job search because you are looking to have a career and not a job.

I had the same situatiuon. I had the boss from hell and I knew if I listed her, I was toast. I listed my job and her as a supervisor but I used someone else as a reference.

Another option is to volunteer anywhere that would use your skills and use that on your resume.

Answer 3

Well, most job applications ask if they can contact your previous or present employer and you can opt out. They might ask you why not and hopefully you can come up with a good answer. Technically potential employers should be contacting the HR office and legally they can only state the dates that you worked there. My best advice to you is to get some references from your previous job (aka the women you worked with) and/or jobs prior to this one to use and make a separate sheet from your resume with a list of 4 or 5 people a potential employer can contact who will say complimentary things about you.

Answer 4

Legally speaking an employer may release any information about you that is truthful to a potential employer. I would have someone call him posing as a potential employer, ask some very standard questions about you - attendance, quality of work, quantity of work, potential for promotion, would he rehire. If he is giving untruthful information about you contact the E.E.O.C. and file a grivance with them about this. Give them specific information that he stated that was untruthful. (Don't tape record the conversation unless your state allows it) It costs you nothing to file and he will have to respond. In the meantime, list the company name and the telephone number for human resources for verification. You may also want to give them a heads up once you have concrete proof of what he is doing. Have your friend take lots of notes and specific quotes. Get a couple people to do it if you want.

Answer 5

you need to check the box by his name that says do not contact. tell the person you are applying to that you left there for obvious reasons and now that you have begun to inquire for employment again, your old boss isnt too happy that you left him.

and yes, it is slander if he is making stuff up, but if hes telling them that your lazy, or that you didnt come to work on time, and its true, then you cant do anything.

i had the same problem and as soon as i quit putting that job on my application, i got a job.

you dont even really need to put that job on your resume/ app since you didnt work there that long. new employers look for longevity. putting five jobs on your app that you worked 2-3 months at makes it look like you cant keep a job, or might be a picky hire. try leaving him off there and see what happens.

you could always just put a co-workers name down and let them answer questions for you

Answer 6

Ashley, I am a Staffing Consultant/Recruiter and employment verification is exactly what it states. The dates that you worked at the company, title held, and some won't even verify your salary information. References are business references that you supply.

Most state laws protect employers from legal recourse provided the information is - job related; based upon credible evidence; and made without malice. Defamation and slander law is hard to prove in a court of law.

My advice is to contact your local Staffing Agency and apply for employment. Be very honest with your situation and your fear that your former employer is preventing you from obtaining employment due to your suspicions that he is providing prospective employers with an earful. Ask them to share the information they receive back from previous employers. Our agency faxes a questionnaire and request that it is returned in writing. Good luck to you!

Answer 7

ashley,by law, at least TN law, a previous employer is not allowed to give any negative info on a person,they are only permitted by law to say that if given the opportunity they would not hire you again. If you could somehow get proof that he is saying anyting other that that you would have a lawsuite on your hands,dont give up and you may want to call and pretend to be a prospective employer just to see if this is indeed what he is doing.Wish you much luck keep trying .

Answer 8

Legally, your former boss must not degrade by being too personal why you left him. He must give you the proper reference as your past employer. He should be helpful and cooperative on this aspect because you have to right to move on and get a better job. Try to talk to him that what he is doing is not proper. He must be professional on this aspect. Good luck on your next job.

Answer 9

you don't have to list him as your supervisor. You can simply put the name of the company you worked for on your resume and that's it. I had very good references when I was looking for a job, however noone ever called my previous employer to inquire about me.

Answer 10

if you are using him as a reference really he has a right to say whatever he wants about you. if you want to avoid this, don't use him as a reference but when you go for an interview, explain to your potential employer the problems you had with your last boss and problems other people have had. as long as you are honest you shouldn't have a problem.