what can i do if my former employer might be badmouthing me to prospective employers ?

Question

I was laid off, I think my former hr person is telling people they fired me. I was with the co, for a long time. and i need that reference.

are there any human resource managers from illinois that can answer some questions I have regarding my situation..what can they say or not say..email me please...

Answer 1

You need to get someone to act as if they are with a really good company to hire you. Get a recorder from radio shack and record them bad mouthing you. Although the tape is no good depending on what state you stay in you would have a witness take them to court and sew there asses for trying to hold you back! But remember what door God has opened for you no man can close. God opens doors no man can close!

Answer 2

I am 99% sure that the HR rep is not badmouthing you. You're worrying over nothing.

It's standard practice for companies NOT to give bad references. It's not because it's illegal to give a bad reference, it has to do with the potential legal action that could result. This is a particular situation in which the burden of proof falls almost entirely on the defendent. If an employee learns that his/her former employer gave a bad reference, all the employee has to do is say in court, "I didn't get the job because of their bad reference." Then burden of proof then falls on the former employer to prove their reference is true. Usually in litigation it's the other way around but when it comes to this particular situation, it's the employer who's on the hook. So it's common practice not to give a bad reference. They either say something good or just decline to say anything. Saying nothing is OK because in the justice system, you haven't done anything wrong by saying nothing. It's neutral even though it does come across as suspicious to the potential employer.

Now there are some exceptions which accounts for the 1%. If you were fired for just cause and the employer can prove it, they might disclose it. It would be either something seriously illegal or in gross violation of company policy (i.e. theft, embezzlement.) The only other possibility is the HR rep is simply stupid and gives a bad reference. If that's the case, just a simple call or letter from your lawyer will straighten them out! But you need proof that the HR rep is doing that but it is rare that someone is that stupid.

It's common policy that employers don't give bad references on past employees.

-- Liam

Answer 3

Can you prove this is true?? Do you have anything in writing that you were laid off? What happened when you tried to collect unemployment benefits? The employer has to fill out paperwork for them.

If this is true I would go directly to the company that is saying this about you. I would walk in and I would ask the HR person face to face what is going on. Ask him/her if they would like to call in someone to hear the conversation. Then they know you are serious. I would request a letter stating that I was laid off. It should also state the number of years you were employed there and the reason you were laid off.

That is a short, to the point letter to request from them. Then ask when you should return to pick it up. If this is not agreeable with the HR person, ask to talk to someone else of authority.

Answer 4

It is illegal for them to "badmouth" you. The way you find out is if you ask the person checking your reference to tell you what your former employer is saying. Sometimes they will sometimes they won't. Anyway, when I do a reference check and do not decide to hire a person based on the reference check, I always tell the respective employee why.

Answer 5

Prospective employers will normally check with the previous employer though they will also make some allowances for what is being said (both good and bad). So it is very important to make a positive impression either when you post your review or appear for the interview.

Answer 6

I would have do what the first person said but after I gathered the evidence I would go to the labor board with it. An employer is legally only allowed to tell whether or not they would rehire you. They are not allowed to say anything else. They can't comment on your attendance or performance because anything they say can be considered slander.

Answer 7

"Might" is meaningless - if you have proof you can report them but proof is hard to come by.
Management has their own codes and slight of hand.
Give a reference from there that you know will be fair.
Do not list any of the hostile bosses.
They will call the name you gave unless a security clearance is required . . . then they will ask the person you list for 3 other people that know you !