Can't get a job because of ex-employer

[Jetskijo]

What is the name of your state?undefinedWhat is the name of your state? California

I was discharged for no reason from an employer as an at-will employee. When a prospective employer asks my former employer why I was discharged, what can the former employer say, as I believe he is saying derogatory things so that I cannot get a job. I have NEVER had this problem before. I left on bad terms with this company and even though they gave me no reason for the discharge I have collected unemployment. Is there anything I can do to find out what they have been saying about me?

 

[seniorjudge]

"Is there anything I can do to find out what they have been saying about me?"

Could you ask one of the people who turned you down for employment what the ex-employer said about you?

 

[SuzieWahoozie]

Why do you feel you "left on bad terms"? Was there some sort of argument or altercation when you were notified you were being discharged?

Have you attempted to communicate with your past employer to discuss what they are saying in a reference?

They can say whatever they want, as long as they tell the truth, or what they reasonably believe to be the truth. So, if you "left on bad terms" and you are even partially responsible for those "bad terms," they are certainly free to tell prospective employers that, even if it makes you look like a jerk.

You need to find a voice of reason at your ex-employer and work it out. It won't be easy, but it can be done.

 

[cbg]

'I was discharged for no reason from an employer as an at-will employee"

I promise you, there was a reason. You may not know what the reason was; it may not have been a good reason. But NO employer fires someone for no reason, if only because it's not cost-effective.

"I was discharged for no reason from an employer as an at-will employee. When a prospective employer asks my former employer why I was discharged, what can the former employer say"

Anything that is true or represents your former employer's honest opinion. A negative reference is not illegal - only an UNTRUE reference is. "I didn't think Jetskijo was an effective manager" is an opinion; he is entitled to say it and you would have no legal recourse. "Jetskijo was fired for stealing" is untrue (unless you WERE fired for stealing) and in that case you probably WOULD have recourse.

"they gave me no reason for the discharge I have collected unemployment"

The two have nothing to do with one another. Whether you do or do not receive unemployment has nothing to do with your references.

Is there anything I can do to find out what they have been saying about me?

Yes, but with all due respect to seniorjudge, not the way he suggests. As an employer, there is no way in he** I would tell you what your employer said about you - if I did, no employer would ever give me information about a prospective employee again. In fact, in some states I would be prohibited by law from telling you.

However, there are services you can hire to check references for you. Or you can ask a trusted friend to call posing as a prospective employer.

The current job market is extremely tight, and people are having a lot more trouble finding jobs than they're used to. The fact that you are having trouble finding a job does NOT have to mean that there's anything wrong with your references.

Here's a rule of thumb to go by: if you are sending out applications and not hearing back to come in for interviews, then it's almost a guarantee that your former employer has nothing to do with it. Employers do NOT call for references before deciding who to have come in.

If, on the other hand, you are getting called for interviews and being told that you've made the final cut, but then are not being offered the job, then it MAY have to do with your references. Not definitely; I generally call for references on at least my top three candidates, which means that two of them are not going to get the job, and references are only one factor in making the decision (and not even the most important one, usually). But in that case, it's POSSIBLE.

Again, unless he is out and out lying about you, a negative reference is not illegal.

 

[Jetskijo]

Can't get a job

California

I have read all of your replies. Thank you. Yes, I HAVE tried contacting prospective employers to see what the former employer said. None of them have returned my calls. I only brought up the unemployment issue because at a couple of interviews I was asked if I was collecting unemplolyment because of being discharged. I guessed they supposed if I was I was entitled to it without it saying anything negative about my former employer. I left on bad terms because we did have a disagreement (long story) but this company was run by a bunch of religious fanatics and if you didn't share their point of view, you were pretty much blacklisted. Part of the disagreement was around this issue, but because of it I had lost total respect for them and told them so. (I ended up going to the Dr. that day with a panic attack and when I returned I was subsequently discharged, again FOR NO REASON). I have an interview shortly and although I don't feel it's right to badmouth former employers, I have no qualms telling prospective employers how they ran their office. Thank you for your replies.

 

[cbg]

Okay, you can continue to insist there was no reason if you want to, but there was. It may not be a good reason; it may be a bad reason; the reason may not be anything that you did; you may not know what the reason was. But there WAS a reason. At the very least, your employer thinks there was a reason, whether it's a reason you acknowledge or not.

The reason I bring this up is that you could be doing yourself a great deal of harm in interviews by (1st) insisting that you were fired for no reason and (2nd) by "telling prospective employers how they ran their office". The very last thing any prospective employer wants to hear is you bad-mouthing your previous employer, regardless of how justified you may think yourself. That in itself can be enough to put you on the do-not-hire list, regardless of what your references say. In fact, if you say enough negative things about your previous employer, even if they're 100% true, it may never get to the point of finding out what your references say.

Think twice before proceeding.

 

[seniorjudge]

"The very last thing any prospective employer wants to hear....etc."

Amen and amen....

 

[Jetskijo]

continuing on with this..........

California

Thank you again for your input. However, to add, I am not stupid. I do NOT make a habit of bad-mouthing my former employer. The only reason I would say anything negative is when I am asked WHY there were problems there. If employers ask, I feel strongly that I should tell them the truth. By the way, I just had my interview and told them (like I always have in the past) that I will not get a good reference from my former employer and they didn't seem to care. Thank goodness there are SOME employers who don't think one bad mark is not worth the risk.

 

[seniorjudge]

"Thank goodness there are SOME employers who don't think one bad mark is not worth the risk."

I hope you get your job. What I (and some of the other posters) were trying to emphasize is that negative remarks by you about a former employer are not always a good thing for you to say.

Some people take that as a mark of being a "difficult employee."

Just a thought...no legal advice...just a thought.

BTW, I certainly do not think you are stupid.

 

[cbg]

No one said you were stupid, and no one said that one bad reference is going to kill you. I offered you my best advice coming from years of hiring people. If you don't like it, fine, don't take it. But don't come back here whining if your insistance on "being truthful" backfires on you.

 

[debbiem652]

I feel for you.. I too was fired, laid off, dismissed.. to be honest, I don't know what happened to me. I also was told, my services weren't needed anylonger after working in a one girl office for 3 years and building a shipping and receiving warehouse into a sales office. This same man that told me that I was the most profitable office throughout the company is the same man that let me go. It puts us in a bad situation when asks, what happened at the previous job and you don't know the answer to the question. So what does the interviewer think of you then. You're either not telling the truth and "fishing" for an answer, or we're bad mouthing a company. Where does that leave the ex-employee?? It left me very angry.