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Job reference slander question?

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bjc461

Junior Member
What is the name of your state? California

Hello,

I was terminated from my most recent job as Assistant Director of Customer
Support for making what the company considered an offensive (non sexual)
Image using company resources. I had worked for this company for 4 1/2
years, had no prior disciplinary actions against me for any reason (save one
Write up for attendance near the beginning of my employment) and although my
Sense of humor had been tolerated previously both verbally and with imagery
During my tenure it suddenly became unacceptable. I was terminated by phone
on September 27th, 2006 after a two day suspension with no warnings what so
ever. Since then I have had applied to countless jobs and only had 5
interviews, 2 phone, 3 in person. After each interview I waited patiently
for a response on whether I got the job or not. I forewarned each potential
employer that I left my previous employer on bad terms and disclosed my
reason for termination at my previous job. They've all stated in one way or
the other that my termination seems leary since I had been promoted 5 times
while with my last employer, voted Manager of the Year for 2006 and then
suddenly got terminated. No calls have ever come back to me from any of the
persons whom I had interviewed with. It is for this reason that I believe
my former employer, namely the gentleman who terminated me is providing
false information or defaming me in some way to my would be employers. The
termination was a messy one and there were alot of bad feelings on both
sides, which leads me to believe something isn’t right. My resume and
related work experience is strong yet I never get a call back. I did manage
to hear from one woman but only after I left her two voicemails asking if I
was still in consideration for the job. She simply told me, "well we like
your interview and attitude however we decided to go with someone a little
'more honest'." I politely inquired as to what that meant but she stated
that it was not something she was at liberty to discuss. I have some
questions that I would like to have answered by an attorney.

1) Given the fact that I have been unable to secure a job since my
termination, I believe someone is doing something unethical and
unprofessional which is hampering my chances as landing a new job. Does it
sound like I have a case?

2) If I do have a case, is this something worth pursuing?

3) How do I legally obtain evidence of wrong doing on the part of my
ex-employer? Everyone I try to talk to either refuses to give me any
information or just doesnt return my calls and emails.

4) Is it legal or advisable to have a friend or someone I know call my
ex-employer and pose as someone interested in hiring me?
 


BelizeBreeze

Senior Member
What is the name of your state? California

Hello,

I was terminated from my most recent job as Assistant Director of Customer
Support for making what the company considered an offensive (non sexual)
Image using company resources. I had worked for this company for 4 1/2
years, had no prior disciplinary actions against me for any reason (save one
Write up for attendance near the beginning of my employment) and although my
Sense of humor had been tolerated previously both verbally and with imagery
During my tenure it suddenly became unacceptable.
IRRELEVANT
I was terminated by phone
on September 27th, 2006 after a two day suspension with no warnings what so
ever.
IRRELEVANT
Since then I have had applied to countless jobs and only had 5
interviews, 2 phone, 3 in person. After each interview I waited patiently
for a response on whether I got the job or not. I forewarned each potential
employer that I left my previous employer on bad terms and disclosed my
reason for termination at my previous job. They've all stated in one way or
the other that my termination seems leary since I had been promoted 5 times
while with my last employer, voted Manager of the Year for 2006 and then
suddenly got terminated. No calls have ever come back to me from any of the
persons whom I had interviewed with.
Irrelevant
It is for this reason that I believe
my former employer, namely the gentleman who terminated me is providing
false information or defaming me in some way to my would be employers.
your belief and about $5,000 to hire an attorney is not proof.
The
termination was a messy one and there were alot of bad feelings on both
sides, which leads me to believe something isn’t right.
See above.
My resume and
related work experience is strong yet I never get a call back. I did manage
to hear from one woman but only after I left her two voicemails asking if I
was still in consideration for the job. She simply told me, "well we like
your interview and attitude however we decided to go with someone a little
'more honest'."
Her right.
I politely inquired as to what that meant but she stated
that it was not something she was at liberty to discuss.
o.k.
I have some
questions that I would like to have answered by an attorney.

1) Given the fact that I have been unable to secure a job since my
termination, I believe someone is doing something unethical and
unprofessional which is hampering my chances as landing a new job. Does it
sound like I have a case?
a case for what?
2) If I do have a case, is this something worth pursuing?
See above.
3) How do I legally obtain evidence of wrong doing on the part of my
ex-employer? Everyone I try to talk to either refuses to give me any
information or just doesnt return my calls and emails.
File suit for something and if the court allows it to go forward you can subpoena the records.
4) Is it legal or advisable to have a friend or someone I know call my
ex-employer and pose as someone interested in hiring me?
why not? But don't get your hopes up. There is no such law that says an employer can't tell prospective employers what happened and why you were fired, or why they believe you would not make a good employee.
 

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