I left my last job with a one day notice but now im trying to get a new job and any time a new potential employer calls to verify my work, my ex boss says i use to steal, i hardly worked, and i did sneaky things in the office...what can i do??? i need to get a job??
2007-06-26 08:58:24 · 19 answers · asked by Jorginity 2 in Politics & Government ➔ Law & Ethics
What proof do you have that these statements are being made?
Also, DID you steal?
AS AN ASIDE TO THOSE WHO THINK A FORMER EMPLOYER IS LIMITED BY LAW:
That simply is not true in any state in this Country. An employer may give out any NON-PROTECTED (by law) information that is truthful. If this poster actually did steal (or was charged with stealing) then that is perfectly legal to divulge.
Truth is an absolute defense against slander. Now, why can't we wait for the response to the question.
FOR TARA:
Actually, per se Slander does not require a finding of damages. the nature of per se is "on it's face".
2007-06-26 09:01:43 · answer #1 · answered by hexeliebe 6 · 0⤊ 2⤋
Sounds like your ex boss isn't too bright. If he is actually saying those things its called slander and you can go after your former employer for lost wages etc. Remember though, if you actually done those things, truth is an absolute defense to slander.
Generally if called for a reference on a former employee, an employer can verify your period of employment, job description and duties and he can say yes he would or no he would not hire you back. That's about all that can be legally said and to go beyond that is exposing your company to civil damages and litigation. That's why in most companies, when someone calls for a reference on a former employee they are referred to the Human Resources department and not the persons direct supervisor.
2007-06-26 16:07:55 · answer #2 · answered by Jim 5 · 0⤊ 1⤋
I think it is against the law for a former employer to keep an ex employee from getting a new job on purpose, I would look up any labor laws for the state you live in. I would also contact this persons bosses boss. If you contact the person over your bosses boss you usually get results also contact a corporate office.
2007-06-26 16:03:19 · answer #3 · answered by reciprocityabound 3 · 0⤊ 1⤋
You have enormous grounds for a defamation case against your ex boss. If you were never convicted by a court for stealing then your boss has harmed you by defaming your reputation which could prevent you from gaining employment. Any employer who doesn't know better than to give only the dates worked of former employees doesn't deserve his own job. Sue both him and the company.
2007-06-26 16:03:26 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If those things are true, nothing. If they are not, you should write a letter to your ex-employer demanding he/she cease and desist or you will be forced to take legal action immediately. You will have a cause of action for slander/libel (depending on whether the boss wrote/spoke the false information). In most states, the type of actions you are describing constitute per se slander so you'd have less to prove than in a normal case.
2007-06-26 16:03:11 · answer #5 · answered by Tara P 5 · 2⤊ 0⤋
If those claims are untrue, you can contact a lawyer and sue for slander- that'll put a stop to it immediately. In the meantime, stop using that boss as a reference. Next time you leave a job, make sure you can give proper notice so that you don't burn bridges.
BTW, how do you know what he's saying?
2007-06-26 16:02:09 · answer #6 · answered by Beardog 7 · 0⤊ 0⤋
Well if you did do those things that's screwed up and the new employer has a right to not hire you. If its not true than don't list that job as a reference on your new application. Act like you never worked there and they'll never know to call that person.
2007-06-26 16:02:06 · answer #7 · answered by jdubs914 2 · 0⤊ 0⤋
First and FOREMOST, there are only certain questions that a potential employer can ask of your previous employer. Secondly, it is ILLEGAL for your past employer to give out slanderous statements whether you are guilty of the accusations or NOT. If you were and your boss did nothing to substantiate those claims then he forfeited his right to COMPLAIN about it to ANYONE.
This is something that you may want to research or have someone research for you. The link below has been helpful in the past.
2007-06-26 18:08:49 · answer #8 · answered by Faye Prudence 3 · 0⤊ 1⤋
I'm guessing since you are complaining about this, that these allegations are false.
Have someone call him pretending to be from a potential new employer and see what he says about you. If he is indeed making false allegations you should confront him.
And in the future, I would give 2 weeks notice so you don't burn any bridges.
2007-06-26 16:04:26 · answer #9 · answered by jellybean 5 · 0⤊ 0⤋
What he is doing is illegal, unless you literally did those things. even then he is treading on shaky ground. Have a friend call him asking for a reference on you (posing as a possible employer) and write down verbatim what he says. You can certainly take legal action thru a legal aid or if you should know an attorney. Most employers won't even give good recommendations nowadays because of possible litigation! Hang tough and get him to stop!
2007-06-26 16:02:46 · answer #10 · answered by BOOBABY 3 · 0⤊ 1⤋