Bullying Boss Ruining Life!!

[Help34Friend]

What is the name of your state? CA

Here's the situation:
"Pam" (not her real name) is a good friend with 16+ years in the banking industry, and an excellent work ethic. About 4-years ago, she left long-term employment with a large national bank to work at a privately-owned local community bank to shorten her commute.

As soon as she began working as the New Accounts Supervisor at this bank, she discovered the Branch Manager (BM) was a bullyer. Other employees clued her in to the fact that turnover is extremely high because the BM is emotionally unbalanced, incompetent, and insecure. So, BM singles out employees she feels threaten her position and uses irrational emotional outbursts, false accusations of wrongdoing, verbal abuse, and underhanded manuevers to force competent employees to either leave or transfer out of her branch.

This BM's behavior has created such an extremely hostile and tense environment in the branch that even bank CUSTOMERS comment on it. BM has been working for this bank for nearly 30 years, and has a friend in the Personnel department who covers for her and prevents compaints about BM from reaching higher ups.

Pam's examplary job performance brought on the BM's wrath, and suffered under this woman's tyranny for over three years, longer than any other employee in her position. A year into the abuse, Pam began searching for transfer opportunities to find a better working environment. A little over six months ago, she finally found another branch that needed someone with her skills, applied and received permission to transfer. When her BM heard about the transfer, she wrote up false negative performance reports about Pam that got Pam fired.

Since then, Pam has been actively seeking employment, but each time an employer offers her work and calls Pam's old BM for references, the employer subsequently withdraws their offer. Pam believes the BM is giving false negative information about Pam to prevent her form acquiring employment. Pam has a mortgage and needs a new job SOON!

I have been researching California's labor abuse laws to help Pam find a way to stop this BM from ruining her life, to no avail. It appears CA does not have any protections available for non-sexual harrassment and hostile work environments.

What can Pam legally do to stop this woman?

 

[cbg]

The first thing Pam needs to do is start telling prospective employers what they are going to hear when they talk to the branch manager, and why, and she needs to do that in such a way that she does not come across as badmouthing him. I realize that this is difficult but she needs to do it all the same.

Then she needs to find some balancing references from other managers, co-workers, or even customers who can give a less biased view of her work.

Finally, she needs to know EXACTLY what is being said. Negative references are not illegal if they are either true or represent the managers honest opinion, even if everyone else involved including the manager's higher-ups disagree with him. If he honestly believes that she was a lousy employee, he is legally entitled to say so and Pam has no recourse.

However, if he is making statements of fact that are untrue or deliberately misleading (i.e. "Pam was fired for stealing") THAT is almost certainly actionable. (Unless, of course, she actually WAS fired for stealing! )

There are reference checking services available or she can ask a trusted friend to call pretending to be a prospective employer. When she has a better idea of EXACTLY what he is saying, she will need to check with a local attorney as to what kind of options, if any, she has.

 

[Help34Friend]

Thank you, Cbg

The first thing Pam needs to do is start telling prospective employers what they are going to hear when they talk to the branch manager, and why, and she needs to do that in such a way that she does not come across as badmouthing him. I realize that this is difficult but she needs to do it all the same.

Then she needs to find some balancing references from other managers, co-workers, or even customers who can give a less biased view of her work.

Finally, she needs to know EXACTLY what is being said. Negative references are not illegal if they are either true or represent the managers honest opinion, even if everyone else involved including the manager's higher-ups disagree with him. If he honestly believes that she was a lousy employee, he is legally entitled to say so and Pam has no recourse.

However, if he is making statements of fact that are untrue or deliberately misleading (i.e. "Pam was fired for stealing") THAT is almost certainly actionable. (Unless, of course, she actually WAS fired for stealing! )

There are reference checking services available or she can ask a trusted friend to call pretending to be a prospective employer. When she has a better idea of EXACTLY what he is saying, she will need to check with a local attorney as to what kind of options, if any, she has.

Thanks, Cbg,

But, rest assured Pam does not deserve any negative press--and I'm not saying that as her friend. As I indicated, she has an excellent work ethic.

The BM Pam worked for is an emotionally unstable and insecure WOMAN, so she is not inclined towards honesty.

Since Pam has been out of work for a while, she cannot afford reference checking services, but she has enlisted her sister to call her old BM pretending to be an employer interested in hiring Pam, to hear exactly what BM is saying about Pam.

Should Pam have her sister record the call to get proof of BM's lies? And, if what Pam suspects is true, what would be her next step? What kind of legal recourse does she have?

 

[cbg]

Absolutely she should NOT have her sister record the call. In CA, it is illegal to tape record a telephone conversation unless ALL parties to the call are aware of the taping.

I say again, what her next step will be will depend upon EXACTLY what is said. As I said in my first post, once she has that information, she will need to consult with a local attorney to find out what options, if any, she has.