Hello, everyone!
I am a new member here. The main reason that I joined was to ask this very specific question.
I was terminated from my job for a large, global corporation in August 2006. The reason I was told I was being terminated was for "falsifying time cards." I did not do what I was accused of, but at my termination interview, it really didn't matter.
I collected my things and was escorted out of the building where I had worked for 2.5 years, and went home to lick my wounds. After filing a claim for unemployment, I was denied because my former employer stated that I had "falsified time cards" and "done harm to my employer" - I was being accused of stealing money and time. Very serious accusations, and completely untrue at that.
I proceeded to find a lawyer who would handle my unemployment claim. It was very easy to prove that I did NOT falsify timecards, as the company I worked for was in the IT field and kept records of everything - they basically proved FOR us that I had never stolen a second of time or a dime of money from them. After an initial hearing at the Rhode Island Unemployment Offices, I was awarded my benefits. The company then decided to pursue the issue further and appeal the decision. I also won that. They have since left things alone, which is all well and good, but it does not help me.
I now find myself in a terrible economy with no job prospects, and even though I send out 10-20 resumes a month, I still have not found a job. I have a home and three young children depending on me, and my supposed "past" has apparently rendered me damaged goods.
I suspect that when calling my former employer, prospective employers are being told that I falsified timecards. Of course, I have no way of proving this.
Would I be able to take this company to court for the damage that has been done to my career and reputation, not to mention lost wages? Do I have any sort of suit here?
I think it is also worth mentioning that prior to my termination, I was applying for a job in another department, and I know that my supervisor was not happy with that.
Thank you for any and all advice.
TripletMama

CORRECTION: I was fired in August 08, not August 06. My apologies.

Well of course you could use or go though an employment agency that would check your background, Or find a friend who manages a business to do a background check on you as part of a "application process"

Next I will assume you mean, 10 to 20 resumes a day ( not a month) since 10 or 20 resumes a month is not a serious job search even in a good economy.

Hello, Fr Chuck!
Thank you for the suggestion - that's a great idea.
Unfortunately, 10-20 resumes a month fits the number of positions available in my area for my line of work. While I do send some unsolicited resumes, there are simply no open positions. I am online most of the day every day searching for anything within a 25 mi. radius, and have even applied for a position with a company in Boston (an hour commute each way)... it's dreadful out there.
Thanks again,
TripletMama

If you have to commute 2 hours a day to have a job, that's probably what you will have to do. I had a 2 1/2 hour commute every day just to have a job. I did that for a year. You do what you have to do.

I don't believe you would have a case against them unless you can prove that they continually give you a bad reference. You may want to speak to the attorney who handled your UI matter and see if he can help you with this matter.

You might also have to take a job not in your field just to feed your family and live.

I appreciate the advice that is relevant to my question, thank you. It is not feasible for my situation to travel over two hours a day, and as a grown woman, I do realize that I may have to look outside my area of expertise for a job. That being said, you should be aware that when you leave your field and have to take an entry level job in a new field, your pay - and options - are quite limited. I have four year old triplets who require daycare - would it make sense to you to take a job where your take home pay was LESS than the cost of daycare? Seems foolish, doesn't it?
I am not looking for career or job search advice. Thank you for your response.

Do I have any sort of suit here? Hello T:

First you'd have to prove stuff that you don't even know is going on. IF you were able to prove that, next you'd have to prove exactly how much it cost you (damages).

Just saying how much it COULD have cost you isn't enough. The judge is going to want exact numbers, which, of course, you don't have.

excon

I appreciate the advice that is relevant to my question, thank you. It is not feasible for my situation to travel over two hours a day, and as a grown woman, I do realize that I may have to look outside my area of expertise for a job. That being said, you should be aware that when you leave your field and have to take an entry level job in a new field, your pay - and options - are quite limited. I have four year old triplets who require daycare - would it make sense to you to take a job where your take home pay was LESS than the cost of daycare? Seems foolish, doesn't it?
I am not looking for career or job search advice. Thank you for your response.


Please don't dictate who will answer and how they will answer. People are attempting to help you and as part of that process are sharing their experience. If you want straight legal advice and no personal input, then go back to your Attorney and pay for it.

I'm not sure that your attitude isn't part of what's hurting you - I'm aware of an Attorney who is presently working as a receptionist because she needs to feed her children. People are doing what they have to do.

As far as your original question about slander/libel/wrongful termination - your Attorney is likewise the one to pursue this action. Any investigator can get the information and swear to it in Court, either making or breaking the case.

If I understand you correctly, you aren't even getting interviews from the resumes you are sending out. If you aren't interviewing, they aren't checking your references.

Employers will recognize that if you were eligible for unemployment then you were released without cause in most cases.

With things the way they are now companies are just not hiring. I realize that is of no use to you, but the jobs just aren't there.

Hi, Emland!
I have been going on interviews, actually. I would say they average once a week or so. I have interviewed for jobs in other areas, such as receptionist, as well, for those who mentioned leaving my field in previous posts. Like I said before, the trouble is that a $10/hour job does not pay enough for daycare, never mind a living wage.
I understand that people are trying to help - that is why I posted a question, after all. I did make the mistake of thinking that people would not make assumptions about my personal life and job search, though.
While my husband's income is enough to keep us afloat, I would very much enjoy getting back to having a career - not a JOB. There is a huge difference. These people have damaged my career because they insisted on making up vicious lies rather than laying me off or firing me at will and not specifying a reason. They had a choice - they took the lowest road possible.
I will not leave my children in daycare so that I can schlep to a minimum wage (or not much higher) job. I realize that there are people out there who do not have a choice but to do just that. It simply makes absolutely no fiscal sense whatsoever to take a job that A) offers no benefits, and B) most importantly, actually costs me more money in daycare than I am being paid to work.
I was not trying to be rude to any of the previous posters. However, I did feel very patronized by being told by another adult that I should "do what I have to do", and seeing that no one had granted me even the most basic common sense. Patronizing isn't helping. Please grant me the benefit of the doubt when it comes to having an IQ above 75.
Thank you.
TripletMama

Hi, Emland!
I have been going on interviews, actually. I would say they average once a week or so. I have interviewed for jobs in other areas, such as receptionist, as well, for those who mentioned leaving my field in previous posts. Like I said before, the trouble is that a $10/hour job does not pay enough for daycare, nevermind a living wage.
I understand that people are trying to help - that is why I posted a question, after all. I did make the mistake of thinking that people would not make assumptions about my personal life and job search, though.
While my husband's income is enough to keep us afloat, I would very much enjoy getting back to having a career - not a JOB. There is a huge difference. These people have damaged my career because they insisted on making up vicious lies rather than laying me off or firing me at will and not specifying a reason. They had a choice - they took the lowest road possible.
I will not leave my children in daycare so that I can schlep to a minimum wage (or not much higher) job. I realize that there are people out there who do not have a choice but to do just that. It simply makes absolutely no fiscal sense whatsoever to take a job that A) offers no benefits, and B) most importantly, actually costs me more money in daycare than I am being paid to work.
I was not trying to be rude to any of the previous posters. However, I did feel very patronized by being told by another adult that I should "do what I have to do", and seeing that no one had granted me even the most basic common sense. Patronizing isn't helping. Please grant me the benefit of the doubt when it comes to having an IQ above 75.
Thank you.
TripletMama

This is not a message board; please do not use it as one.

Hello T:

First you'd have to prove stuff that you don't even know is going on. IF you were able to prove that, next you'd have to prove exactly how much it cost you (damages).

Just saying how much it COULD have cost you isn't enough. The judge is going to want exact numbers, which, of course, you don't have.

excon

Hi, Excon!
I could simply use my salary x the number of months I have been out of work. After all, if I have been out of work because of their lies... they are responsible for that, correct? I also keep track of my job search expenses, which could potentially be factored in. It's just a matter of having an attorney pursue the matter and obtain the facts. I know that under at will employment, they do not "owe" me a job or pay. Luckily, this was contracted employment, and they did violate the terms of the contract. I will be calling my unemployment lawyer today for referral.
TripletMama

JudyKayTee...
If you don't like the way this discussion is going, please don't keep coming back and making snide remarks. This may not be a messageboard, but it is not a school playground, either.

>Thread Closed<