Good evening,

The job market's tight enough in some industries, and when your two primary references may not be giving appropriate responses when potential employers call for references, is action possible? We do not seek any damages, just for the two former employers to act professional (I know, tall order at times). She's had interviews call and CANCEL stating the position has been filled, only to re-post the same position shortly after. It seems to point toward one or both of her former employers being rather free with some of their opinions.

One employer's office manager has told us the Owner openly bad-mouths one employee who has left on good terms to "anyone who will listen." We have no proof that he has done so for her, but she worked for him for 10 years and was his office manager. She knows his personal habits, and it's doubtful he has changed them as of late. While working this job, she would come in ill (very ill at times) and would be told she could not go home. If she called in sick, the boss immediately assumed and told her she had been out partying the night before and was able to come work. Her office would also call her mid day to see if she was coming in for work the next day. This behavior was not exhibited to any other of the employees at this business. This only scratches the surface of this former employer's conduct.

The second and most recent employer terminated her employment for personal reasons. The boss called her in, said her skills were great, but her frustrations were getting in the way. Her boss then proceeded to offer her a laughable amount of cash because "she needed the money." This boss also fired a pregnant woman a week before she was leaving on maternity leave, and tried to deny her unemployment. As an unrelated note, I'm happy to say she won her case in court. This employer and their office staff also has exhibited negative behavior toward some employees.

What I'm really wondering is: if there are grounds for some sort of action, how on Earth can we prove it? I'm certain someone calling for a professional reference under a false pretense would not bode well. But then how can we get any proof since the only people allowed to call are likely taking the old employer's word as the only truth, and likely would not be interested in sharing such information with us. As I stated earlier, we're not interested in filing a suit. She just wants to get another job and get on with her life.

Any input would be appreciated greatly.

Thanks in advance.

Talk to whichever is your "unemployment" office, they'll know. In my experience "Inter" and "Intra" state companies operate under different standards... Interstate companies must abide by federal labor laws, which only allow previous employers to provide limited information. Intrastate companies follow state labor laws... Good luck...

Well, first question... why is she offering these people as references? Nothing says that you have to have a new employer talk to the old one. Does she have coworkers who can talk to the quality of her work?

And I will also say, if a boss did let her go because her "frustrations" were getting in the way of her work, then that boss is most likely going to tell that to anyone who asks. That's not necessarily a bad thing... that's what they are supposed to do. As an analogy, if you asked a friend what they thought of a hairdresser that they had used, wouldn't you want them to tell you that they totally destroyed their hair before you used them?

So.. find better references. Coworkers, volunteer work, anyone who knows how the person is as a worker.

Basically a former employer is not allowed to just freely answer questions. They are supposed to say that yes, Sally Jones worked for our company for 10 years. And that's it. They cannot be quizzed about performance, etc. Just verification of yes, they worked there and how long. Nothing else. Would suggest not using those two references ever again as they don't understand what they are allowed to say. Anywhere I worked the former employer always just reiterated how long an employee worked there and nothing else.

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Originally Posted by twinkiedooter

Basically a former employer is not allowed to just freely answer questions. They are supposed to say that yes, Sally Jones worked for our company for 10 years. And that's it. They cannot be quizzed about performance, etc. Just verification of yes, they worked there and how long. Nothing else.

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This is not accurate. In fact, there are no laws detailing what a former employer can and cannot say about a former employee as long as they don't commit slander (lie about the employee).

However, in our litiguous society many companies have decided to institute policies that limit such references to confirmation of employment. So as to protect from such suits. But there are no laws that I am aware of that limit a former employer from saying anything as long as its truthful.

The problem here is that the OP has no proof. Nothing to show the former employer has said anything detrimental, let alone lies. Without proof that the former employer lied and that those lies inhibited the OP getting a job, there is no legal cause of action.