Can ex-employer bad-mouth me???

Question

I've been applying for part-time work and have had no response which is odd to me because of my background and experience. My last empolyement we had a falling out rewarding a commission owed and resulting in me leaving. One job i applied for, the manager and I were getting along great and I thought i had it in the bag, he said he made some calls and he would get back to me...and never did. Can my ex-boss say bad things about me?? How can i find out? and what can I do about it?

Answer 1

By law a former employer can only acknowledge the period you worked there and if you are eligible for rehire. Generally the answer no on rehire is enough for a potential employer to be wary. If you feel the former employer is volunteering more information than that there are agencies that will call the employer asking for information and document any illegal responses.
I'm thinking the best course of action is to eliminate this employer from your resume. List a company that went out of business so no one can check to fill in a gap. Or note that you temped for a while or ran your own business. If you are a women you can say you took time off to raise a family. Never tell a company you expect a bad reference from a former employer. That tells them you are not intelligent enough to circumvent the system. Companies actually appreciate someone who can spin things in their favor.

Answer 2

They are allowed to say whatever they want, although it is strange that someone would refuse a reference if you did a good job for them. Are you sure that your prospective employer has the correct information and didn't accidentally dial a wrong number? In many states, such as Massachusetts and Rhode Island, people are no longer allowed to give real references because of slander lawsuits. I personally think this is silly, but the way it works now is that all they are allowed to say is whether or not you worked there and for how long, and if the prospective employer asks yes or no questions, they can answer those. They are no longer allowed to volunteer information by saying that you did a good or bad job. I do not know if this is the case in your state, but it's something to look into. Good luck with your new job!

Answer 3

Depends on what state you are in and how ethical your old boss and potential employer are...

In Arizona the law says that your old boss can only answer yes and no questions about you...

They don't always FOLLOW the law but that is what the law says...

If you feel there is harassment on the part of your old boss then you might try to find a way to inform your potential employer about it without sounding like your badmouthing HIM!

The wording will be tricky but it would be worth a try...

If your concerned then I think you should just call up and ask all the interviewers you have spoken with.

If they are nice they might just tell you what was said.

OR, have a friend pretend to be a potential employer and call for you and start asking questions.

Can't hurt...

Good luck in your job hunt!

Answer 4

If they are telling the truth, yes they can. If they are making things up and you can PROVE IT(good luck on that one) it would still fall under slander and deformation of Character laws. Thing is the burden of proof is on YOU, you have to PROVE they said something. So the question becomes how long were you at that job, in other words is there any way you could not list it.

Answer 5

old bosses can say just about anything they want. you can either leave them off your resume and applications or have a friend call as if interested in hiring you for aposition to find out whats being said, just make sure they can act professional and will tell you the truth.

Answer 6

Yes -- an ex-employer can say bad things about you -- as long as they are factually true or merely personal opinion -- and they are protected against any defamation action while doing so.