Hello,

I have been unemployed for nearly a 1 1/2 years now. I have received numerous calls from potential employers only to have them disappear when they seemed interested in the beginning. I began to believe my former employer was defaming me. I had them investigated to confirm my suspensions. I was shocked that the employer HR person who only met me once and given me rave reviews after following up on complaints from employees about me. She told me to keep up the good work.

Now that I know what is happening, I am sure she pushed for my termination about 3 weeks later out of revenge because I had to defer to my supervisor rather than her regarding employees issues because she would not return my phone calls which I place over a 1 1/2 week period. My supervisor did not want to terminate me, and actually resigned 2 weeks after my discharge. Now HR is bad mouthing me to potential employers, telling them although it is against the company policy to give out anything other than hire and discharge date and title, she is making it a point to let them now about me. Then she goes on a rant telling lies about me. She ends with she wasn't a good fit for us, but that doesn't mean she won't be a good fit for your company. Seriously?

I am in the process of providing her and the company with a cease and desist letter. In the mean time, I am still seeking employment. My question is how do I handle this with potential employers. There is no truth to what this lady is saying about me. I am very good at what I do. Do I tell employers what is happening because I am almost sure they will hear the defaming information when they call? Do I say nothing in hopes the company will discontinue damaging me? Is there any need to follow-up with previous company's that seemed interested, but I never heard back from even after I left messages. I believe the damage has been done there.

As I noted above, I have been seeking employment for about 1 1/2 years now, and have nearly saturated the market. I have no idea how many people she has spoken with and how this information has snowballed among others hiring managers the profession. What is your advise to me?

It would cost you more than you would be awarded, if you even win, which is very hard to do. The company can say whatever they want and the burden is on you to prove that they said what you hear they said, and to then prove that they were blatantly and deliberately wrong, not just voicing an opinion.
It's a civil suit, nothing you can go to the Dept of Labor about. Very tough.
If you can get a copy of company policy, you can try to claim that they (she) violated their own policy. You can write to the company your cease and desist. You can say that you will sue and hope they will jump. But they probably know that you don't really have a case.
Sorry.
Meanwhile I would not mention this job if you can leave it off your resume.

I agree with joypulv

No matter if its true or not... its going to make you sound like a disgruntled ex-employee which will make it look like they are right.

Best to not mention it... and only if pressed on it... and you HAVE to give an answer... You left under disputed circumstances and leave it at that.

The best you can do is NOT appear to be a hostile ex-employee... something I can see won't be easy to accomplish. Some things you need to put behind you... this is one.

The first thing she said was that it was against their policy to give out anything other than date of employment, discharge and title. . And you are right, this is a civil matter. If I can take it to court, they have a lot at stake as well. What company want their name out there accused of defaming a ex-employee and viloating their own policy in doing so. I never had a counseling notice and it appears the burden of proof should be on them.

I would like to leave them off my resume. It would leave gap in employment, however. How do you suggest I fill it? I was a student during the time and since I worked for them, so I suppose I could use education to fill the gap.

Isn't there someway they can find out work history other than through the employer. If I don't list this company, can't they find it out in a employment history check? Or do they only know what I tell them in terms of my work history?

If you can prove a) that she has told lies about you to prospective employers and b) that you have lost employment opportunities because of it, you have a good lawsuit. I suggest consulting an attorney about filing one.

If you do file a suit, then that partially solves your problem. You tell prospective employers that you currently have a pending defamation suit against the former employer. The fact that you have gone that far should indicate you are serious that the bad reviews are false.

If you can prove a) that she has told lies about you to prospective employers and b) that you have lost employment opportunities because of it, you have a good lawsuit. I suggest consulting an attorney about filing one.

If you do file a suit, then that partially solves your problem. You tell prospective employers that you currently have a pending defamation suit against the former employer. The fact that you have gone that far should indicate you are serious that the bad reviews are false.

Thank you for your response. It seems I am on the right track. I

I disagree that you have more than a very tiny chance of a lawsuit (which will cost you a lot trying to prove), and I especially disagree about telling prospective employers about the pending suit. They won't touch you with a 10 foot pole. They will politely interview you, tell you they have hundreds of good applicants, and quietly have a security guard watch you on your way out the door to make sure you don't trip. Seriously.

"My supervisor did not want to terminate me,"

Might help to know what reason they had (or thought they had) to fire you. If they just put it under a general heading, you must have some idea what brought it about.

If they are telling the truth, then there is no case. It sounds like you did not get along well with other workers, had some constant issues.

They are free to tell anything they want ( no law that they can not) as long as what they tell is the truth.

Most other companies ask if the other company would rehire, if they say no, then they don't hire. So if that is what they are saying, there is no case.

You will have to show that you were not having problems at the work place ( sounds like you were) and to be honest perhaps you should just stop giving them as a reference, and go on with job hunt