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Negative Reference Given By Old Employer ~ Untrue

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CC Gill

Junior Member
What is the name of your state (only U.S. law)? OREGON :eek:

I worked for 23 years at a company and left on very good terms (I relocated to a different state for 5 years). Since then I've returned to the area and am looking for employment ~ in the same field but not the same employer. I called and obtained my personel file from the previous employer main office, which is chaulk full of highly rated evals, as well as random kudo letters sent in by clients over the years. I recently had a second interview with a new company, at which time they told me they called my former office and was told I would never be hired there again. The person giving the reference was NOT my former boss, as all my former bosses have retired. This guy was a co-worker who is now in a supervisory position. It did not affect the new employer as I was offered the job, the new emp saying he pretty much made the decision at the first interview. However, I was offered the job a lower pay scale than I asked for, so I am still looking. I am concerned about another bad reference. I considered calling the guy at the old office to warn him of the legal consequence his comments could have, but have doubts about the effectiveness this will have. What direction should i take from here?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? OREGON :eek:

I worked for 23 years at a company and left on very good terms (I relocated to a different state for 5 years). Since then I've returned to the area and am looking for employment ~ in the same field but not the same employer. I called and obtained my personel file from the previous employer main office, which is chaulk full of highly rated evals, as well as random kudo letters sent in by clients over the years. I recently had a second interview with a new company, at which time they told me they called my former office and was told I would never be hired there again. The person giving the reference was NOT my former boss, as all my former bosses have retired. This guy was a co-worker who is now in a supervisory position. It did not affect the new employer as I was offered the job, the new emp saying he pretty much made the decision at the first interview. However, I was offered the job a lower pay scale than I asked for, so I am still looking. I am concerned about another bad reference. I considered calling the guy at the old office to warn him of the legal consequence his comments could have, but have doubts about the effectiveness this will have. What direction should i take from here?What is the name of your state (only U.S. law)?
Nothing illegal occurred. I would refrain from "threatening" your former employer (or representatives thereof)
 

Beth3

Senior Member
It's not illegal for him to give a negative reference if that represents his honest opinion and is factually correct. You also don't likely know what he specifically said. Is there an HR Manager with your former employer? If so, you should contact him/her to discuss what happened. Chances are that they have a policy that references are only given out by HR anyway.

I also suggest you get in touch with some of your former bosses who have retired and get their permission to give their contact info out for references. It's likely they'd be glad to oblige.

I considered calling the guy at the old office to warn him of the legal consequence his comments could have, but have doubts about the effectiveness this will have. Probably not a good idea as it appears he already has some personal animus towards you for whatever reason. Getting into it with him over the phone isn't going to help things.
 

CC Gill

Junior Member
Thanks for the info and insight. I believe the policy does require HR to give history, so it's a surprise the new employer spoke directly to the dept I worked in and got info. It was an even bigger surprise to hear the co worker gave a negative reference, which I assumed at the time that that's what he did (we didnt work much together, but there was no trouble between us). Wouldnt it be awkward to call someone to say "hey I know what you did" when they didnt do anything at all.... so I wonder now if this statement made to me by the new employer was just a prerequisite to the offer of employment at a reduced income level? who knows. I will give my old managers a call and have them listed as references anyway. again ~ thanks.
 

Zigner

Senior Member, Non-Attorney
Thanks for the info and insight. I believe the policy does require HR to give history, so it's a surprise the new employer spoke directly to the dept I worked in and got info. It was an even bigger surprise to hear the co worker gave a negative reference, which I assumed at the time that that's what he did (we didnt work much together, but there was no trouble between us). Wouldnt it be awkward to call someone to say "hey I know what you did" when they didnt do anything at all.... so I wonder now if this statement made to me by the new employer was just a prerequisite to the offer of employment at a reduced income level? who knows. I will give my old managers a call and have them listed as references anyway. again ~ thanks.
He said they wouldn't hire you again. That is NOT a derogatory statement.
 

Beth3

Senior Member
so I wonder now if this statement made to me by the new employer was just a prerequisite to the offer of employment at a reduced income level? That would be a very peculiar thing to do "Your references were lousy but I'm going to make you an offer anyway, just at less pay than I otherwise would have paid." That doesn't strike me as very likely.

Whether your new employer low-balled the offer just to see if you'd bite at the lower pay rate or whether what was offered was all he was prepared/could afford to pay is an unknown. But I sincerely doubt the compensation was effected by anything your former co-worker said.
 

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