Bad Reference

[stw]

What is the name of your state? Calif

I was let go from my place of employment (terminated) after 7 years, the reason I was given was, "it just wasn't working out".

I didn't take it personally and went right out and started to interview for a new job. I was really confident that I had a job that interviewed with but I didn't hear back from the company, after they had checked my references.

So I called the company I interview with and they had decided to hire someone else. I asked them if their decision to not hire me was based upon my last employers reference and they said yes. They said that my last employer was very short, gave a less than glowing reference and said that I wasn't laid off. They said that I was fired.

How am I to go about finding future employment when I can not use my last 7 yrs experience, as a reference? Also can your past employer legally do this?

 

[HomeGuru]

What is the name of your state? Calif

I was let go from my place of employment (terminated) after 7 years, the reason I was given was, "it just wasn't working out".

I didn't take it personally and went right out and started to interview for a new job. I was really confident that I had a job that interviewed with but I didn't hear back from the company, after they had checked my references.

So I called the company I interview with and they had decided to hire someone else. I asked them if their decision to not hire me was based upon my last employers reference and they said yes. They said that my last employer was very short, gave a less than glowing reference and said that I wasn't laid off. They said that I was fired.

How am I to go about finding future employment when I can not use my last 7 yrs experience, as a reference? Also can your past employer legally do this?


**A: I do not see anything illegal.

 

[stw]

How am I to go about finding future employment when I can not use my last 7 yrs experience, as a reference?

 

[Sinsaint26]

This is not legal advice so take it for what it is worth (Free). You were not a victim of budgetary cutbacks so you need to make certain that you are writing on your applications that you were "terminated" and give the company's stated reason why. If you were terminated because "things just weren't working out" but your employer is saying you were caught stealing for example then that is actionable. I would tend to wonder what exactly an ex-employer was saying about me if they said "things weren't working out" but then gave such a bad reference that another employer would not hire me. I myself would only give out date of hire, date employment ended, job title and pay.

Again this is not legal advice but you could have a friend, or whoever, call and ask for references (have a fax number ready because most employers ask for a phone and fax number first thing). You may also want to tape the phone call if possible {don't do this yet until I post back because I want to check your state laws on this subject}. Most states only require a one party consent meaning as long as you consent it is ok, but some states require two or all part consent and some require that you at least inform the other party that the conversation is being taped so I will get back to you on that.

If after all this you can prove that your employer is making false statements about you, you will then want to speak with an attorney. But only after you have proof that the employer is making completely false statements.

 

[Sinsaint26]

You are, unfortunately, in one of the twelve states that requires all party consent so secret phone recording is out of the question.

 

[Beth3]

If your employer told you it wasn't working out and terminated you, you were indeed fired for some sort of performance issue. If you told a prospective employer that you were laid off (which means your position was eliminated due to slow business conditions), then you gave them an inaccurate reason for your separation which undoubtedly contributed to the problem with them offering you a position.

There was nothing illegal about your former employer giving you a less than glowing reference (which apparently is accurate from their perspective) and saying you were fired, which is true. The key question is why do you think your former employer concluded things weren't working out? That is the issue you need to be prepared to address in an interview so you can explain why it won't be a problem on your next job.

 

[stw]

I had suspected that I was going to be let go before, it actually happened. I went as far as having my resume updated several weeks before I was let go. After working for this company as long as had, I could see the writing on the walls. I knew my time was up.

I had received my yearly review with a raise. My review wasn't greatest. I had felt like I was being thrown under the bus for all of the departments mishaps. So I submitted a letter in response to the review. Maybe that wasn't the smartest thing to do, to point out areas of concern.

During my termination I asked they why I was really being let go other than "it just wasn't working out". They had said it had been 30 days since my review and they did not see any improvement.

I took it as a blessing (time to move on), but never thought for one minute that I wouldn't be allowed to use them as a past job reference. I was a very hard working and loyal employee, maybe too loyal.

 

[Beth3]

So now you know that you're going to get a less than glowing reference and you have some idea why. Whether what happened to you was fair or unfair is irrelevant at this point. What you need to do is to prepare for how to handle this in an interview. You're going to be asked the circumstances under which you left your last job and you need to give a truthful answer but also one which puts you in a decent light.

Imagine you're on the other side of the interview desk. What could a candidate who was discharged from their last job because "things weren't working out" tell you about that job and experience that would favorably impress you?

 

[stw]

Thank you!
I was just taking that all into consideration. This really helps put everything into a better perspective for me.

I am still waiting to hear from my past employers lawyer to find out if I was to receive a Letter of Recommendation. I am not certain if he is aware of what has recently transpired. I can only assume that he is aware that I am currently looking for new employment.
Also I am also suppose to be picking up two mths severance pay and sign a Termination Agreement and Release. Am I to assume this is all okay?

 

[Beth3]

Sorry but I have no idea what you should or shouldn't be assuming. From what you've posted, I don't see any obvious reasons why your employer won't follow through on the severance they promised.

I wouldn't put too much stock in a letter of recommendation however. When candidates give me copies of those, I seldom even read them. (a) Anybody can fake a letter of recommendation and (b) even if they are legitimate, they never tell the whole story. I want to TALK to the candidate's past employers and supervisors.

Good luck.