[dognally]

Recently I found out the General Manager of a former employer told a potential employer that I was a "trouble maker" and He recommended she "DO NOT HIRE" me.

Before she checked with my former employer, this potential employer was very impressed by my qualifications and was talking to me as if I was already hired.

She told me she would check my references and call me back a week later.
I never heard back from her so I called her back.
She seemed reluctant to talk to me. With some fishing she told me The General Manager of my former employer said I was a "trouble maker".
To make a long story short, I had a disagreement with him 3 years ago.

While on the job, my work was exemplary and all performance reviews by my immediate supervisor came back with raving compliments.
The only "trouble" I ever made was giving my opinion on a simple disagreement with the General manager.
I believe this General manager has been giving me a bad reference to other potential employers too.
Great interviews, then I never heard back from them again.

This General Manager is well known to be vindictive and he has many enemies, but he still holds a prestigious position in the community I live in.

He obviously continues to say negative things about me and soon I will be in financial ruin.
If slander is proving a lie with malice, how general is the term "Trouble Maker"?

Would he have to prove I made some sort of trouble during my employment if I take him to court?
I have former co-workers who can back up the fact that it is a lie.

I am just curious about slander and if he recommends she not hire me for an unsubstantiated reason, if this is considered malice?

The potential employer admitted to me that the reference he gave her seemed odd to her but said she found another candidate she felt was a better fit for her company.

Another job lost. Do I have any legal grounds?

Thanks

[Lord_Darkclaw]

I don't know for sure, but I think you do.
I was under the impression that if an employer could not give you a reference - as in "a positive reference" that they had no right to say anything bad about you.

If your employer is not happy with you, then they must bring their grievance to your attention
And talk it through with you. If the situation is not resolved, and they can show reasonable evidence that you have not fulfilled your obligation to your employer by working to the standard required (this is the standard that you agreed to when you were first employed - they cannot raise the bar and complain when you can't keep up) or that you have been consistently negligent or abusive, or whatever - I'm sure you know the basic employment laws - then they have the option to fire you.

If they did not fire you, then that is legal proof that they did not have a legitamate grievance.

I find it outrageous that a former employer should behave in this way. When you work for someone, you accept a contract of fidelity that is a two-way street: in this case, your former employer seems to be breaching that agreement.

[excon]

Hello dog:

I don't believe an employer has a duty to give only good references. I do believe, however, that so many employers have been sued for giving negative references, that most of them are gun shy, so they only give good or no references.

Does that mean you can sue this guy and win? Maybe. I would certainly consult with an attorney who specializes in this sort of thing. You'll learn a lot just by shopping for a lawyer on the phone.

excon

[dognally]

Thank you for the quick reply.
I did not get fired and I don't want to give too much more information since this is a public site.

At this point I do not have the money to hire an attorney but a friend of mine said this might be considered a personal injury case and taken on a contingency.
I plan to call some attorney's on Monday.

Thanks again for your help, I really needed the confidence you just gave me.

[Fr_Chuck]

A business can tell them any bad thing they want as long as it is true.

So if you were a good employee and there is nothing in the file, and that company would re-hire you, then you will have a good case.

One of the questions most ask, is ( would you rehire) if they say no, then the other business wants to know why.

Also you may want to be sure and put another reference down, personel department or some other manager.

But if they have proof you were a trouble maker, if he can state times you did, then he can tell places this.

We check references very closely when we hire.

[tinsign]

As far as I know they are not allowed to say that much information, you can get a lawyer on contingency if they believe you have a strong enough case worth taking.

[dognally]

Yes Father Chuck I know but my question is, what is the definition of a "Trouble Maker"
During my employment I was never made any trouble and never reprimanded for making trouble of any kind.

A business can tell them any bad thing they want as long as it is true.
But if they have proof you were a trouble maker, if he can state times you did, then he can tell places this.

There is no proof of any trouble making but the statement is vague.

We check references very closely when we hire.

I included several professional references on my resume and application and none of them were called because I asked them.
She got the one bad reference and stopped there.

[lacuran8626]

This is a tricky situation. I was fired for made up reasons that were proven wrong by the state that I live in, when they intiated an investigation to determine whether I was entitled to unemployment. Still, the employer has repeated the same false story to other people since being told not to. They are a very large organization.

What I did was to hire an attorney to send them a letter insisting that they, in the future, do no more than confirm my salary and dates of employment or risk legal action.

If possible, simply take them off your resume and don't provide them as a reference. As for legal grounds, it's tricky but the reason most large employers will only confirm dates and pay rates, is that others in your position have been successful. Take heed though, as it can be equally damaged if you become known in your community as someone who sued a former employer.