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C

CluelessinNV

Guest
What is the name of your state? Nevada

Short version:
I got a bad recommendation that cost me a job by someone who was never asked, and whom I did not know nor never worked with, is that legal? Can the company not tell me what was said on the recommendation? And can a previous supervisor put in my false statements in my records so she would not get into trouble for something she did?

Long version:
Recently I applied for a job and they told me that I had to send out a recommendation paper to my three previous employers. I filled out the names and address that the recommendations were to be sent to. My last job was at an athletic club where I was put into a weird position. I was asked by my supervisor to start a swim team because I had previously coached another swim team in the area. I was not interested because I knew it would take a lot of work to get the team started. I also knew that I would be moving before the team would have a chance to start competing. My supervisor then told me she would do all the paper work, and she wanted me to train her to be the coach. So reluctantly I agreed. A few months later that supervisor got mad at the owner and quit. I did not want to immediately drop the team because the kids had put a lot of time and money into it. I waited till they hired someone else to see if they wanted to program to continue. The club ended up adding the aquatics department to the programs department, and my new supervisor was also the programs supervisor. She said she had too much on her plate and did not want the program to continue. I felt bad for the kids so I said I would do all the paper work but she had to sign off on a lot of it and find a new coach because I would be moving soon. Well she said she just didn’t want the headache, and in the middle of my practice came in and told the kids to get out of the water and there would be no more team. I was really irritated, so when I moved, it was not on the best terms with this lady.
Now to my problem. I sent the recommendation to be filled out to the owner. He understood everything and was pretty good though the whole situation. He also knew me because I sort of took on the role of supervisor till it was given to the other lady. I called him and told him he should be expecting it, and to send it back ASAP so I could get hired. He called me a couple days later and told me he never got it. That same day I got a call from the place I was trying to get a job telling me I was not going to be hired because of the bad recommendation I received from him. I told them he had not received it, and the looked again and it was written and signed by a lady whose name I have never heard. I asked what she wrote and they told me it was confidential but it had to do with going on vacation and dropping a program.
I found out the lady who wrote the non-recommendation was the owners new secretary, a lady I have never meet. I think that she probably got the information from the lady who did drop the program. (probably so she would not get into trouble because the parents wanted somebody’s head after paying so much for the program). The whole vacation thing I am not too sure of because I never took one the whole time I worked for them.
So my questions are, can someone who I have never meet and whose name was not on the recommendation write such a bad recommendation? Is there any reason I can not find out exactly what she wrote? And could the lady who was the final supervisor get away with saying such untrue negative things about me? Is there anything legally I can do?
 


cbg

I'm a Northern Girl
A prospective employer can legitimately ask for or receive references from anyone he chooses. The law does not require him to limit himself to only the people whose names you give him.

In addition, the person who is providing the reference or recommendation can legally give any information that is true or that they honestly believe to be true.

I know of no law in any state that gives you the right to see the recommendation; in fact, in some states the law specifically forbids the employer from allowing you to see them. Nevada appears to be one of them. I'm afraid you're out of luck.

In order to have a legal case you would need to show that the person who wrote the recommendation LIED. Not was honestly mistaken; not misunderstood what happened; not offered an opinion that happens to run counter to yours, but LIED. The burden of proof is entirely upon you. I would strongly suggest that if you feel it necessary to pursue this, that you discuss the matter THOROUGHLY with local counsel.
 
C

CluelessinNV

Guest
Thanks for your advice. It is too bad that they could get away with all of this, but when it comes down to it, it is just my word agaist theirs. I have no idea what is wrong with people these days.
 
H

hexeliebe

Guest
that's the easist question we've had her in a long time.

And the answer is the same as it was in the 60s. Common sense isn't so common these days :rolleyes:
 

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