bad reference

[Freetoserve777]

What is the name of your state? Live in CT, but bad reference from CA.

In 1997 I quit a job in CA with a company I was with for five years because I felt I was being harassed (bullied) out of the position.

I made a complaint in order to collect unemployment, and the arbiter stated that even though I may have been sexually harassed, it was in the his opinion that I did not leave primarily because of sexual harassment-this is true.

Since I left that job, I have been denied employment opportunities because would be employers fear that I may make a charge of sexual harassment towards them.

The jobs I have obtained have not been without coworker ridicule because my coworkers somehow (most likely from a manager) found out that I cited sexual harassment as a reason for leaving my former employer.

I need to know if there is some way I can stop my former CA employer from disseminating this sexual harassment information to prospective employers. This is putting a major strain on my ability to get a decent job.

 

[cbg]

It depends upon exactly what they are saying.

If you read the other reference threads that have been running in the last few days, you will see that an employer may say anything in a reference that is factually true or their honest opinion.

Besides, given the current job market, do you KNOW that the employer is talking about the sex harassment charges in a reference? Do you KNOW that this is the reason you have not been offered jobs? How do you know it? Or are you just assuming that this must be the reason?

A little more info, please.

 

[Freetoserve777]

Not sure

cbg,

I am not absolutely sure how two of my subsequent employers found out about my sexual harassment complaint, and I do not know for sure if it is my former employer who is disseminating the info. But I am sure that the info was attainable by my subsequent employers- I just don't know how. I suspect that the info can be quickly obtained using my social security number.

And if I could figure it out, is there any way I can stop this from being made public in the future? The incident was over five years ago, and I would like to put it to rest. I'm basically being punished for complaining about being mistreated. Is there any possible legal protection?

-FTS

 

[cbg]

Not without proof. I'm not quite sure how you think the information is being accessed with your SSN; I'm not aware of any data base available to the public that can give out that kind of information by use of the social security number. You know, there really isn't one big giant record somewhere that has everything about you on it, and all anyone has to do is look you up and find out all there is to know. I'm not making fun of you or being sarcastic; I'm aware that a lot of people believe such a thing exists. But there isn't.

At this point, you don't know if your employers are giving it out and while you are sure (for reasons you have not shared with me) that your later employers had it, you don't know how they got it. Without something to show for certain what is actually being said and to whom, I don't know what kind of action you can take. You can't file a lawsuit on guesses.

 

[Beth3]

I agree, cbg. I can't remotely imagine how having an applicant's SS# would allow the employer to find out about any discrimination complaints that individual may have filed. Employers have no "back door" into the EEOC data base where they can check out this kind of thing.

Freetoserve - have you been explicity TOLD by prospective employers that they aren't hiring you because you brought a SH complaint against a prior employer? How do you even know they know about this?

 

[Freetoserve777]

subsequent employers

Beth & cbg,

Unfortunately, this topic was not something I felt comfortable talking to with any of my subsequent employers. But I do remember going to a temp agency just after leaving the complaint employer, and after I took a series of skill tests, the recruiter mentioned sexual harassment in the workplace several times (perhaps they called on my references while I was testing), but did not apply it directly to me (this appeared to be going out of the way to make a point).

I did get a job in California (a temporary filler) but the employer seemed to abruptly change their relationship towards me after they checked on my job references (because they wanted to hire me permanently).

Back in Boston, my next employer (a sales job which I obtained through a relative) said my personal references were very good. But later, the words of a couple of coworkers seemed to suggest that this employer discovered the incident.

I will try to contact the company as an employer seeking a reference. I know they are pretty formal, and they may need me to have a fax. But I will give it a shot and let you know what they are actually saying.

-FTS

 

[cbg]

That would help. Let us know what you find out. EXACTLY what they are saying is important; it can make a difference between having a legal case and not having a legal case.

From what you are saying, though, I don't think it's outside the realm of possibility that what happened to you is still bothering you so much that you are seeing things that aren't there. I could be wrong; we'll know better when you've confirmed what's being said. But be prepared for that possiblity.