Outrageous Slander (CA)

[Tat2dClscGMDude]

I worked at a company in Los Angeles for about two years. I received nothing but excellent performance reviews while there, but was terminated due to, long story short, not showing up at work for three days, without calling in. On my exit interview with the director of HR, I explained my situation and was offered a chance to come back to work, but as a new applicant, rather then resuming my position where I left off. This I surmise was done so that, despite my having a very good and documented excuse for my non report, the company would not give me any ammo for a "wrongful termination" suit if I was so inclined. More or less saying by repealing my termination, that they were wrong in their decision to fire me at the time. Anyhow, I declined, to their stipulations, and went on my way, still on excellent terms with the company and vice versa.
I am at a point now where I am again interviewing for jobs. My problem is that a lateral colleague (who I was once good personal friend's with, but we had a falling out of sorts) has since been promoted to manager. He is contradicting my documented performance reviews because of our falling out and his personal feelings for me. Though I am able to explain this to prospective employers, I find it embarrassing and counter productive. I've tried talking to him, contacting his superiors about this and even steering people away from him when they call for references, but inevitably, someone usually talks to him, being the department head. I just can't not explain 2 years of my life to avoid this embarrassment.
I hold no ill will towards the company. I'm not the type who sue's people, but they don't seem to have any control over his actions, and neither do I. What can I do?

 

[HomeGuru]

You better be sure you know exactly what he is saying. If he is telling the truth then you have no case. On the other hand, if he is telling prospective employers false information, then you have a claim.

 

[Tat2dClscGMDude]

Well, that's true. Thanks for the quick response!

I haven't pressed any prospective employer for the verbatim, as worsens my cause, but he's giving them the impression that I am unreliable, and that achievements on my resume aren't true. I can combat both of thoes ugly statements with documented performance reviews and letters of reccomendations from his superiors and others in the company.

I don't want to sue, as it's a resource draining endevor, and I just don't want to be bothered with it. I more or less want to shut him up some how. The company has apologized to me stating that it's policy that he not even give out information about me, that it is soley at the discression of the HR dept to do so.

And even if I was to sue, I don't think prospective employers would want to get in the middle of all this and repeat in affidavid or in court what was said. They'd just assume pass on me and move onto a cannidate with less drama.

I have since learned that the ex-friend/dept manager is being terminated today for a drug test failure. He is has accused me of more or less ratting him out, and knowing his personality, this will only ad fuel to his fire of contempt.

I don't care about this guy or what happens to him. He's bad news and I'd rather not be professionally or otherwise associated with him. Is there no way to gag this clown?

 

[busta]

If he is being terminated for drug test failure, than any future inquiries to the co. about your job performance will not be directed to him. Should be end of problem, right?

 

[Tat2dClscGMDude]

Well, in a perfect world yes, but with similar qualifications, we've been applying for some of the same jobs, and even different jobs at the same company. I've been asked several times if I knew anything about him and my response has always been something to the effect of "He also worked at *Company*, but I would feel more comfortable if you contacted *company* for information regarding his employment". I was told several weeks ago by a local head hunter that his response was not so kind. I've even come to play off even knowing of him now because of that.