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Can a contracting agency give a contractor a bad reference to keep a contractor on the market?

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slandered

Member
Can you legally “punish” the contracting agency? Not easily.

The major reason for this is that you found employment despite whatever was said in the bad reference. You therefore have no demonstrable injury.
Another lawyer told me this, but are there not fair competition statutes which they have violated? Since they misrepresented me for the purpose of keeping me on the market- so that only they could use me.
 


quincy

Senior Member
Another lawyer told me this, but are there not fair competition statutes which they have violated? Since they misrepresented me for the purpose of keeping on the market- so that only they could use me.
There possibly could be legal avenues to explore but I am not sure the cost of this exploration offers any benefit to you.

Even if the contracting agency tried to limit your employment opportunities by providing less-than-stellar references, they failed in their efforts. You found employment.
 

slandered

Member
There possibly could be legal avenues to explore but I am not sure the cost of this exploration offers any benefit to you.

Even if the contracting agency tried to limit your employment opportunities by providing less-than-stellar references, they failed in their efforts. You found employment.
[/QUOTE

I understand your point, but what they did doesn't seem strictly legal nor ethical, and I believe they should be punished, or at the very least publish a retraction to the poor performance report they made about me... If you or anyone else have any ideas I would appreciate yours or their feedback.
 

cbg

I'm a Northern Girl
Okay, so you're the most outstanding employee that ever was, you walk on water, and they didn't want you getting any jobs that would detract your attention from them.

They failed. You found other employment. They lost.

Take comfort in that.
 

slandered

Member
Okay, so you're the most outstanding employee that ever was, you walk on water, and they didn't want you getting any jobs that would detract your attention from them.

They failed. You found other employment. They lost.

Take comfort in that.

I do, but I also don't think what they did was strictly legal at least not ethical and I want to know if there is a legal means of punishing them or at the very least forcing them to publish a retraction. to the poor performance report they made about me. That's I why I came to this forum.
 

quincy

Senior Member
You are unlikely to get a retraction. And asking the contracting agency to contact your current employer could backfire on you. The contracting agency potentially could come up with additional negative information about you (true or not) to relate to your current employer.

I think if you are/were able to provide your current employer with another (more positive) reference, you would be smart to forget the contracting agency and move on.
 

cbg

I'm a Northern Girl
I do, but I also don't think what they did was strictly legal at least not ethical and I want to know if there is a legal means of punishing them or at the very least forcing them to publish a retraction. to the poor performance report they made about me. That's I why I came to this forum.
No. There is not a legal means of punishing them or forcing them to publish a retraction.

I hope that this is now clear to you.
 

slandered

Member
You are unlikely to get a retraction. And asking the contracting agency to contact your current employer could backfire on you. The contracting agency potentially could come up with additional negative information about you (true or not) to relate to your current employer.

I think if you are/were able to provide your current employer with another (more positive) reference, you would be smart to forget the contracting agency and move on.
Well, I would assume such a retraction would be with a legal notary present and for myself to bear witness, otherwise I can't see how it could be considered to be a legitimate legal retraction...I would like to know more about the anti- trust statutes that are currently being enforced as I believe what they did flagrantly violates anti-trust statutes. In my way of thinking all employers compete in the same way for customers as they do for employees- if they are passing bad information about employees to other employers so that only they themselves can use employees after a contract is terminated, with a customer, along with the non-compete agreement , I believe they are in violation of anti-trust statutes. Am I wrong?
 
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