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False reference given by previous employer

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tlw

Junior Member
What is the name of your state? North Carolina

My teenage son was employeed by a popular retail shop on the Outer Banks, where we live. He worked there for 2 summers starting when he was 15. The owner liked him and often complimented him for a job well done, he got along well with the managers and his co workers. He liked his first real job and did well. His first summer was a success and he was rehired the following summer. All of the managers had changed during the school year and the new ones were not as easy to work for, nor as impressed with my son. One in particular seemed to have a conflict with him and did things to interfer with his performance. At 16 my son did not understand a boss doing such things. Things unfortunatly went down hill after about 6 weeks, and one afternoon when my husband went to get our son, he was very upset about his schedule and lunch breaks... his dad when in with him and together they told the manager that he quit, at which point the manager said no your fired. This past summer everytime my son has listed them as a reference, he did not get the job. Finally a friend of his told him when his reference was checked, they were told my son was fired for cutting up clothes with a box cutter. He was never repremanded for any such actions and this is the first time we have heard this. Jobs in a resort area in the off season are hard to come by and if this has caused him to loose out on being hired, what can he do? We know who gave the reference, it was not the manager who fired him, that guy has been long gone, it was the personnel manager, so this must be in his file. I know he is young and once he has gotten out of college this may not matter. But this is a serious thing to be accused of, which by the way if it was in fact true and they could prove it, why were we not asked to pay? Please let us know our recourse.
 


cbg

I'm a Northern Girl
The fact that no one asked you to pay does not mean that it isn't true. In many states, employees cannot be asked to pay for damaged materials under the law.

Did you ask your son if it was true? If it is, there is nothing whatsoever illegal about the boss saying so.
 

tlw

Junior Member
cbg said:
The fact that no one asked you to pay does not mean that it isn't true. In many states, employees cannot be asked to pay for damaged materials under the law.

Did you ask your son if it was true? If it is, there is nothing whatsoever illegal about the boss saying so.
Yes we did, and he vehemently denies it. Is it just his word against the managers?
 

cbg

I'm a Northern Girl
Unfortunately, yes, unless he has some form of evidence that he did NOT commit the actions attributed to him.
 

tlw

Junior Member
cbg said:
Unfortunately, yes, unless he has some form of evidence that he did NOT commit the actions attributed to him.
How does he obtain his personnel file? I guess that would be the first place to start... maybe it contains the information that was used to conclude he did do what he was accused of. Then I guess he could challenge that? I still think it's ***** that at the day he left the job, nothing about this behavior was mentioned to him and his dad. It seems to have been after the fact. At any rate.. thank you for your assistance.
 

cbg

I'm a Northern Girl
He asks if he can see it.

However, you need to be aware that in your state, an employer is not required under the law to allow him to see his personnel file. I do not personally agree with this; I think every employee ought to have that right. But it's not my decision to make. In your state, and in many others, if he requests his file and the employer denies the request, that is legal.
 

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