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Is this right?

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mek

Junior Member
Wisconsin
I am currently in a situation where I am unsure of a lot of things. I was seeking employment at a clinic, they checked my references that I listed, did my drug screen and background check--everything came back fine. So I got hired officially a week or so ago, then yesterday I get a phone call from the employer saying they received additional info on a situation that happened at a past job, therefore, they cannot go through with hiring me. Now here is the part that I am going to explain and hope it's not confusing. I got terminated from a position at a clinic back in December. I then knew it would be hard to find another job after the termination. The physician that I did work under I was close to and trusted very much, said that I could put him/her down for a reference and they would say what they felt was necessary to be said because I was an excellent employee other than what happened with the incident that lead to my termination, so I put him/her down as a reference. I did then get hired at a smaller dental office doing clerical work, then after two weeks there the clinic that I applied to called and wanted to interview me so I went through with it, like I said before they checked references, background check, drug screen and following the whole process they hired me and I was to begin Mar 6. The dental office that I was working at had a dentist there who knew the physician I worked for and knew briefly what had happened, and the physician did tell me that this dentist did know, which was fine. The problem is this dentist after knowing that I was seeking employment elsewhere and was going to be leaving her office was angry towards me, but afterall this clinic position that I applied for I applied for before I even start at the dental office, but they contacted me after I was working at the dental office. So I was done at the dental office and ready to start this new job, then I find out this dentist somehow found out where I was going to be working and told them the exact situation that had happened when I was terminated elsewhere, not at her office. I dont feel this was right at all? After all, I put the physician down that knew everything that happened for a reference and he/she said what they thought was necessary when contacted by this clinic. So I feel this was the dentists way of getting back at me for leaving her office and going elsewhere. Is there anything that I can do about this 3rd party information being released? I never put the dentist down for a reference and she knew this was a difficult thing for me to deal with over the past month trying to find another job and so on. Please give me advice, it would be appreciated.What is the name of your state?
 


Beth3

Senior Member
Prospective employers may contact anyone they wish to when they're conducting references. They don't need (and shouldn't) limit themselves to just the people a candidate lists and for obvious reasons. I have to assume you misrepresented the circumstances under which you left the job you were fired from and you also lined up a reference who was willing to also obscure the truth.

The employer found out from another source why you were fired (and probably that you lied about it) and as a consequence, they pulled the job offer. Nothing remotely illegal has occurred.

You should also know that Wisconsin has a "hold harmless" referencing law; in other words, an employer providing a truthful and/or good faith reference on an emloyee is immune from legal consequences.
 

mek

Junior Member
Is This Right?

Ok thanks for your input but the only problem I have is the doctor that I put down as a reference didnt say ok I will cover for you, no that didnt happen, they were going to say what they thought was necessary, and this person in intelligent.

The future employer did not contact the dental office I worked for for only a couple weeks. The dentist took it upon herself as retaliation against me I do believe. She called in herself about me. I never did anything to her and she knew how hard the situation that happened with me getting terminated affected me and she said she understood. But then she goes and does this?

I did not lie about anything. When I went in for my interview they never asked why I left the clinic I worked at before the dental office. I wasnt trying to hide anything.

Do I have a point at all? Please give advice!
 

Beth3

Senior Member
It was not unlawful for the dentist to contact a prospective employer and inform them of the circumstances of your separation. Truth is always an absolute defense.

the doctor that I put down as a reference didnt say ok I will cover for you, no that didnt happen, they were going to say what they thought was necessary, and this person in intelligent. Intelligence doesn't equal honesty. It seems pretty clear that he intended not to explain the real circumstances of your termination and you were aware of that, therefore he was a "safe" person to list as a reference.

When the prospective employer found out the actual circumstances of your separation, they pulled the offer. Again, nothing illegal has transpired.
 

mek

Junior Member
Is this right

Thanks again Beth for your advice. I see your point. I just wanted an input on everything.

I guess the hardest thing for me is that she did this because she was pissed off cuz I was leaving her office after only two weeks. That I did not give it enough time, whereas, I took this other job because it was more of my type of experience and something I enjoyed doing. That is the only reason she did this. Yes she told them what happened, but doing it because she was pissed cuz I left her office, I mean come on?
 

mek

Junior Member
After reading my situation does anyone else have any advice for me. I feel I was just retaliated against because my last employer was upset that I left after not being there for very long. If you read my situation I explained earlier maybe you will understand.

Do you feel I should contact the physician and explain to him what happened and see what he says? Since he knows this dentist that called the clinic and told her what she knew about me because she was pissed that I was leaving her office.

Any input would be great! Thanks.:confused:
 

cbg

I'm a Northern Girl
Not all retaliation is illegal - in fact, more is legal than is illegal. Even if you are 100% correct about the reason, that does not make anything that has transpired illegal.

I think you should leave well enough alone.
 

gawm

Senior Member
How did the dentist find out where you would be working? How do you even know she is the one that told them? Either way, there is nothing you can really do about it. Just curious. Also I'm sure I'm not the only one who wants to hear the reason you got fired. Maybe we can help you come up with ways to explain it to your next prospective employer.
 

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