Ex-supervisor giving bad references

[dfischer]

What is the name of your state? Colorado

My wife received a transfer to Colorado. We couldn't afford seperate households and this was a major career move for her (from secretary to computer specialist plus a promotion). I informed my supervisor that I would be taking using all my leave when she transferred and look for a job at that time. Before leaving I signed a resignation form dated at the end of my leave. I could find no local employment so I began shooting out resumes. I informed him and my references that I was doing so. He called me a few days later to inform me he had several inquiries and he had given me excellent referrals. After some 6 months without a single hit (from May 2002 - Dec 2002) I figured something was wrong so I called a friend who called my supervisor, acting as a prospective employer. According to my friend, my supervisor "hammered" me, stating my skills were on a scale of 1 - 10 about 6.5. He also made other comments and my friend told me he now understood why I had not received any call backs on my applications. The position I left was a Federal position with the US Forest Service. All my evaluations have been excellent, and I am a certified hardware/software engineer. Folks who know me know that my skill level is well above 6.5, by their own accounts a 10. For what reason he is doing this I do not know, and he denies doing it (as I have called him to ask).
With all that, my question is, do I have any legal recourse?

 

[Beth3]

That depends upon whether you can prove your supervisor is lying. He's entitled to his opinion of your job performance, even if you don't agree with what he's saying.

What FACTUAL lies did he tell your friend about you?

 

[dfischer]

Fact - I was rated by IBM/Dell/Compaq/Microsoft as a fully certified (qualified) hardware/software engineer.

Fact - Within the agency itself I was considered fully competent

Fact - All of my evaluations over the past 20 years have reflected my exceptional skill with computers (even the ones from him)

Fact - An individual who would rate a 6.5 on competency is not considered fully competent

Is this what you meant?

 

[JETX]

"Fact - I was rated by IBM/Dell/Compaq/Microsoft as a fully certified (qualified) hardware/software engineer."
*** Did he say you weren't?? If so, do you know if this was done with malice or negligence.... or just an 'honest mistake'.

"Fact - Within the agency itself I was considered fully competent"
*** 'Considered' is not a fact. It is a personal opinion and subject to individual interpretation.

"Fact - All of my evaluations over the past 20 years have reflected my exceptional skill with computers (even the ones from him)"
*** Did he say you had gotten bad evaluations?? If so, do you know if this was done with malice or negligence.... or just an 'honest mistake'.

"Fact - An individual who would rate a 6.5 on competency is not considered fully competent"
*** Again, we have that 'considered'. That is not a factual basis. Also, the former employer has the right to his opinion of your rating.... and if he feels that 6.5 is fair and accurate.... that means no defamation.

 

[Beth3]

What JETX said. Other than your being a certified hardware/software engineer, those are opinions, not facts.

 

[dfischer]

Okay . . . but if he rates me fully qualified on two seperate evaluations and then states on an referral I am marginal, isn't that a no-no?

Yes he knows I am certified, he even bragged it up at a meeting in our Regional office as I was the only computer tech within the Region to be certified.

The opinion what he is doing is malicious is not only mine but several others who know me and my skills.

 

[JETX]

Though I don't agree with you, lets assume you are correct in that this supervisor has given what you believe are actionable 'referrals'. Now, what are you going to do??

Since you have a very weak case (if any at all), no attorney is going to foot the bill for this one (on contingency), so you are going to have to finance this 'lawsuit' out of your pocket. These cases are usually very expensive, with legal fees, discovery, depositions, investigation, etc. So, do you have an extra $10,000 plus to throw at this 'complaint'??? If you don't, you are pretty much dead in the water....

So, you win a moral victory.... the former employer DID impune you. Now, how does that get you another job??

 

[dfischer]

Just so you understand, it's not that I wish to retaliate for being impuned (I weigh 350 so I'm used to being "impuned"), it's just that he is hurting my chances of getting re-employeed.

Man I just hate it when folks tell me I'm screwed, well at least you didn't say smile and take it. (GRIN) No I don't have an extra $10K so I guess I will take the advice I was given some time ago and that is list someone in the hierarchy who has knowledge of my expertise as my supervisor. Will of course get the okay from them. Appreciate all the info. Thanks.