Possible Blacklisting

[CBF26]

What is the name of your state? PA

Back in December of 2005, I was discharged from a job. They said it was based on my attendance, but it was really because they found out I was going to report them for the illegal things going on in the office, and they knew I was looking for a new job because of these things (not against company policy). I was going to take the appropriate steps when reporting them, meaning I would start within the company and work my way up if that didn't work. I then filed for unemployment and was denied until I appealed the decision. At the hearing they told the ref why they supposedly discharged me, but nothing was making sense and they weren't able to provide dates or details either. Even though their supposed to keep a detailed file of attendance. The referee ruled in my favor and said that I was discharged based on pretense and pretext. I also think my direct supervisor retaliated against me for an incident that took place between us. I've been searching for employment for months now, with no luck. I am also going through an employment agency, and ater a few failed interviews my representative interviewed me to see if there was something I was doing wrong. She told me that my interviewing skills were very good and she couldn't find anything wrong with what I was doing or saying. I told her about my concerns about my former employer possibly blacklisting me. All of the interviews that I've been on through her or myself were jobs that I was more than qualified for. How can I go about looking into this matter, to see if they are blacklisting me somehow? Thank you in advance.What is the name of your state?

 

[cbg]

Specifically what do you think your former employer is doing? It makes a difference what options you have.

 

[CBF26]

Specifically what do you think your former employer is doing? It makes a difference what options you have.

I think they're blacklisting me. Saying inappropriate things about me when and if they're contacted. Anything to prevent me from getting employment. I know they were p****d when I won at the hearing, and I know they were p****d when they found out I was going to report them. I just don't know who I should contact at all the places I've interviewed with, to see if they can tell me something. I read somewhere that I can request in writing what, if anything, was said between the two companies.

 

[cbg]

Blacklisting means different things to different people. What I wanted to know was, what did YOU mean by blacklisting.

Okay, based on what you've provided, you don't know for a fact that they're saying anything at all, and if they are, you don't know what they're actually saying. So you need some kind of proof that they're saying anything at all, and if so, EXACTLY what they are saying.

Let me explain further. If they said to a prospective employer, "We think he did a lousy job on the Johnson account", there's nothing you can do about it. They are entitled to an opinion that you did a lousy job on the Johnson account and they are entitled to say so, even if you think you did a great job on the Johnson account and even if the Johnsons' agree. (If this is the case, you might want to ask the Johnsons to be a reference!)

On the other hand, if they are saying, 'We fired CBF26 for stealing," THAT you can do something about, because now we are no longer in the realm of differing opinions; we are in the realm of fact.

I have to warn you that a LOT of people write to these boards sure as shootin' that their former employer is saying or doing something to keep them from getting new employment, and 99 times out of 100 that's not the case at all. It's still a tight job market, and people with pure-as-snow histories and impeccable references and who interview perfectly are still having a hard time getting new employment just because there are a lot more people out there looking for work than there are jobs available. It doesn't matter how good an employee you were or how well you interview, it's always possible that someone else was that much better. Also, if you are applying for jobs that you are overqualified for (as you seem to be suggesting) many employers will not hire employees who are overqualified because experience has shown them that within 6 months the employee gets bored and leave. Trust me on this one; I've been there on both sides of that desk.

It's also true that one bad reference is rarely enough to kill other employment, especially if you let the prospective employer know up front that you're unlikely to get a good reference.

So it boils down to the fact that you need more than supposition; you need facts. You can hire a reference checking service, or ask a trusted friend to make a reference call for you. Then, when you know exactly what you're dealing with, come back and I'll see what we can do for you.

 

[CBF26]

That's what I was asking. Exactly how I can go about finding out if they are saying anything about me, when and if asked for a reference. I will have my representative from the employment agency call for a reference. Thanks for the advice.

 

[cbg]

BTW, when and if you come back with additional info, you might want to post it on one of the employment law forums. I read those daily - usually check them more than once a day. This forum I read only occasionally and I might miss your update. Hiring and Firing would probably be appropriate.