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    RobinMills's Avatar
    RobinMills Posts: 3, Reputation: 1
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    #1

    Jun 14, 2009, 10:03 AM
    Employer contacted personal references
    Is it illegal for a previous employer to call my professional references to inform them of an action that I had taken informing them that maybe I wasn't such a good employment reference?
    Perito's Avatar
    Perito Posts: 3,139, Reputation: 150
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    #2

    Jun 14, 2009, 10:12 AM

    It's not necessarily illegal, but it can expose them to a civil suit from you. It's generally considered unethical. Many large corporations will refuse to give references, either positive or negative, because of the potential liability.
    RobinMills's Avatar
    RobinMills Posts: 3, Reputation: 1
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    #3

    Jun 14, 2009, 10:26 AM
    Thank you so much. Do you think it is worth the time to push for a civil suit? The gentleman is a lawyer himself. It just floors me that would contact my professional references. Not that it made a difference. I worked with these people for years and I did very well in my last position. I left his employment 12 days after I started, because the position was not what I thought is would be. Granted, I gave little to no notice of my departure, which is not very professional on my end. None the less, I'm a little upset that he made this contact. I have been in email communication with the guy where he continues to attack my character. Actually calling me a coward. I don't want you to get the wrong impression. I have had years working successfully in my career, but this job was not what was represented and I left leaving him without a replacement, so he's extremely upset.
    Perito's Avatar
    Perito Posts: 3,139, Reputation: 150
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    #4

    Jun 14, 2009, 11:18 AM

    If you filed a civil suit, you would have to prove that he caused you financial harm. That's pretty tough to do unless you could get the potential employer to come to court and testify that they would have hired you if it hadn't been for this gentleman. It's a tough cell.

    I'd write him off as some sort of weirdo and go away.
    RobinMills's Avatar
    RobinMills Posts: 3, Reputation: 1
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    #5

    Jun 14, 2009, 12:45 PM

    Actually, he was an employer that I worked with for two weeks. He called my professional references back to tell them that I left his company like a coward. But.. your right. It's not worth the time or efforts. Although, he hasn't acted very professional himself. Any thoughts on the fact that I haven't received my final paycheck yet?
    Perito's Avatar
    Perito Posts: 3,139, Reputation: 150
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    #6

    Jun 14, 2009, 01:51 PM

    Sue him in small claims court for that. Pay for services rendered is almost always upheld by the courts.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jun 14, 2009, 01:58 PM

    And of course you will have to prove that what they told these people were false.

    Also if there was something that these referenses should have already known ( something done in the past) and they lied about the reference
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jun 14, 2009, 02:54 PM

    Frankly, I would drop it. You left with no notice leaving him in the lurch, rather than sticking it out. I would say that it reasonable for him to say what he did. I doubt if you could win a suit.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Jun 16, 2009, 05:28 AM

    Hello Robin:

    Having quit, he doesn't have to pay you until the next ordinary payday. But, if he misses it, sue him.

    excon

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