I am currently working at Cornell and would like to resign. I have been looking an interviewing with prospective employers and all has gone well until the reference call was made. I had a feeling that my supervisor was giving a bad reference because I interview well, only apply for positions that I am qualified for, and positions that are in my current salary range. Last week I interviewed for a position that I had such a great feeling about( after the interview the interviewer and I had (impromtu) coffee, spoke about our children, etc.) The interviewer even called after to thank me for meeting with her. Today, the same woman sends an email saying the position was offered to someone else. I then asked my sister to call my supervisor for a reference. Initially, my supervisor said she was unsure of my job title, when I started, and my salary. She put my sister on hold for 10 minutes, came back on the line and said she would "go in the computer and find out" and that my sister should give her a call back in 30 minutes. My sister called back and my supervisor ignored the call. It wasn't until my sister called a third time( from a blocked number) did my supervisor confirm my start date, position, and salary. She also said my job performance was "average" ( I have two written performance appraisals that contradict what she said and I have gotten a merit increase (raise). Are her actions legal? Isn't that slander? I live and work in NYC. Any advice suggestions would be appreciated. I don't want to work for the company any longer but I feel as if I am stuck. If I continue to use her as a reference, she will not say anything favorable. If I go in her office and tell her to go herself, I can't use Cornell as a reference. Please help. Thanks in advance.

Hello M:

Most companies avoid saying ANYTHING about a prior employees performance because they're afraid of being sued. They give employment beginning, ending, and salary. They're smart. Your company doesn't appear to be. You MIGHT have a case. Did you tape the call? Can you prove it?

I'd certainly visit a lawyer and see what HE says.

excon

So have you taken you written reviews and given to the companies.

But if they say your work was average that is not really a bad reference

Hello M:

Most companies avoid saying ANYTHING about a prior employees performance because they're afraid of being sued. They give employment beginning, ending, and salary. They're smart. Your company doesn't appear to be. You MIGHT have a case. Did you tape the call? Can you prove it?

I'd certainly visit a lawyer and see what HE says.

excon

Hi Excon and thanks for responding. I spoke with a lawyer and he referred me to a reference agency of sorts. They record the call or have an affidavit(sp). I didn't want my sister to record anything because if push comes to shove she IS my sister and she might not be considered credible. I will contact the agency and have them make a call in a week or so. Also, the lawyer advised me to speak with HR regarding what can and cannot be said. Thanks Excon.

So have you taken you written reviews and given to the companies.

But if they say your work was average that is not really a bad reference

Hi Chuck:
Im not sure if the performance appraisal can be used as a reference. It can easily be written, signed, and dated by anyone. Of course saying I was "average" isn't bad it's just untrue. If I was "average" it would have been on my appraisal and I wouldn't have gotten a merit increase. Thanks for responding.