Let go from job

[LisaFer]

What is the name of your state (only U.S. law)? NJ

My husband was recently let go from his job because of too many days out. When he asked about receiving vacation time, he was told no because of too many sick days. Also he asked about not being paid for his last day of work. His supervisor never responded to that and does not take his calls.

He has sent out numerous resumes and gone on many interviews but no one ever calls back. I believe he is getting a bad reference. Is there anything he can do?

 

[cbg]

He can call a reference checker to find out exactly what is being said. But if the employer is saying that he was let go for missing too many days, that is the truth, it is legal for them to say it, and there is nothing he can do to stop them and no legal action he can take.

FYI, it is a 100% guarantee that as far as the resumes for which he is not getting called, the former employer has nothing to do with it. Employers do not call for references before interviewing. It is conceivable that he is not getting called back for second interviews because of the reference he is getting from his former employer, though references are rarely if ever called before the employer is ready to make an offer. However, here is the important thing: BAD REFERENCES ARE NOT ILLEGAL as long as they are truthful or represent the employer's honestly held opinion.

 

[swalsh411]

If he has not been paid for time worked he can file a claim with the State for unpaid wages.

He should apply for unemployment if he has not done so already. Depending on the reasons he missed work that resulted in his termination he may or may not be eligible, but it costs nothing to apply.

 

[commentator]

I agree. If your husband's former employer has not paid him for the last day he worked, that is a legitimate complaint that can be dealt with by wage and hour. Vacation pay? No, they don't usually have to give that to you, though I'd ask Wage and Hour about that too and discuss it with them regarding his unique situation.

If he was let go due to a clear cut attendance policy and he was aware of how many days, points etc. he had, in other words if he had received warnings about his attendance before his termination, his chances for unemployment insurance aren't great unless he had a medical excuse for the very last absence, the one which triggered his termination. But as has been said, it costs nothing to file and get a decision about his eligibility.

Submitting resumes does not usually trigger a reference check, so those no callbacks from resumes probably is not related to his prior job giving him a bad reference. The interviews? Possibly, though the employer is always allowed to tell the truth without repercussions. If he was fired for missing too many days, that's what really happened. A lot depends on how your husband is fielding questions about his past employment in interviews. If he responds to a question about "why did you leave your last position?" with a litany of how "they done me wrong" or sounds the least bit culpable or resentful about his previous employer, that could be causing the interviewer to pick up a bad vibe, which they are totally allowed to do.

"Why did you leave your last job?" might have many answers which would not set off the alarms, without hurting the truth too badly. He may want to give this some thought. Especially if he was out due to health reasons or because of a family member's health issues which have now been resolved he may want to try to deal proactively with this possible poor reference. In any case, he'll want to concentrate on the positive aspects of his past job, the good training he received there, the opportunities to learn and grow, the years of faithful and appreciated service....not just the final outcome and why he was terminated.

 

[LisaFer]

Tks. everyone

 

[mrsgreenmachine]

I'm new and need help

My employer had me forge our customers signatures on legal documents when they failed to do so. She also allowed me to issue car registration tags without being properly cleared. I want to know what should I do about this?

 

[Antigone*]

My employer had me forge our customers signatures on legal documents when they failed to do so. She also allowed me to issue car registration tags without being properly cleared. I want to know what should I do about this?

You can start by not hijacking someone else's thread. Start your own.

 

[Zigner]

My employer had me forge our customers signatures on legal documents when they failed to do so. She also allowed me to issue car registration tags without being properly cleared. I want to know what should I do about this?

You should start your own thread and list the name of your US state (in that order)