Old employer spreading untruths

[Abe Froman]

I am in the process of looking for a new gig and have a problem. A previous employer, I think, is going to submarine me during the background check. Is there anyway to find this out before hand and can they legally do this.

As you probably guessed, I did not leave there on the best of terms. I am also interested in the legal issues involved here.

Thanks in advance

Abe

 

[350DRIVER]

If you are coming from a 135 operator then the background check is usually based upon your 135 files, flight checks, training, etc, etc, that you have accumulated with them since day 1. I think if this employer were to slander/bring you down for no other reason than to prevent you from being able to move on then I would surely pursue legal action against them. This usually can be prevented since most will do the interview first and the checks will be completed as you are awaiting a class date. I would explain to the interview board or interviewer that you do anticipate a potential problem arising from your current employer so they can expect this when they make the call to verify your employment and request records. This should be enough to put all doubts to rest, in most cases. Keep in mind that any "write-ups", incidents, accidents included in your file, would be a completely different ballgame all together then you may have a bumpy ride ahead and will have more explaining to do. Personally if it is nothing more than a conflict of interests and them trying to give you a bad name with no evidence that you can be found at fault for then I would not sweat it since a silver tongue usually can go a long way.

You have not really provided a lot of detail in your post so it could be anyone's guess at this point.

Why do you feel that they may be out to get you or submarine you?


3 5 0

 

[FN FAL]

Did you consider the stocking and bar of soap method of addressing people that perpetrate ill will against you? Sometimes when you communicate with people, you definitely want your feelings to leave a positive impact.

That lever 2000 works pretty good, it's advertised for use on all 2000 body parts.

Dial has that really nice orange color and is a great microbial agent in case you have any worries there. Irish Spring is manly yes, but I like it too and has a great scent.

(Disclaimer: if a felony conviction is a little bit much of a price to pay to get an old employer to quit spreading bad words around about you, try retaining an attorney to help you out!)

 

[Buzz Cut]

Abe,

You can go to www.oldjob.com They will contact your previous employer and report back to you the results. I have worked with them before and the piece of mind is well worth the cost.

Good luck to you

Buzz

 

[Timebuilder]

That lever 2000 works pretty good, it's advertised for use on all 2000 body parts.

Thanks, I needed that laugh this morning.

Aside from Oldjob, there are any number of companies that run background checks. Some folks with a skeleton or two might simply pay to have their own background check to see how previous employers handle the inquiry. Just another option for you.

 

[bobbysamd]

Bad references

You can have a friend do it for you. I did it for a friend several years ago who suspected he was being badmouthed. Just be sure the person who does it for you uses an anonymous phone, lest his number show up on Caller ID and wreck his credibility with the ex-employer.

Badmouthing a former employee with intent to harm is a form of defamation, which is an intentional tort, and actionable. Companies know that, so all they might verify is you worked there, your start date and ending date, pay, and possibly why you left.

If it were me, I'd look for someone in the company besides the boss who would be willing to provide a good reference and list that person on any job app. Along with that, see if that person would write a letter of reference for you, preferably on company stationery. These moves might deflect any badmouthing.

Hope this helps. Good luck with your job search.

 

[njcapt]

Did you consider the stocking and bar of soap method of addressing people that perpetrate ill will against you? Sometimes when you communicate with people, you definitely want your feelings to leave a positive impact.

That lever 2000 works pretty good, it's advertised for use on all 2000 body parts.

Dial has that really nice orange color and is a great microbial agent in case you have any worries there. Irish Spring is manly yes, but I like it too and has a great scent.

(Disclaimer: if a felony conviction is a little bit much of a price to pay to get an old employer to quit spreading bad words around about you, try retaining an attorney to help you out!)

I admire your bluntness and abundance of sack in avenging the slander from a previous employer, FN FAL. I would add that he should have a roll of quarters enclosed in his free fist to administer tactical blows if the subject attempts to go fetal in order to avoid the primary attack.

If this remedy is somehow infeasable, I would absolutely retain the services of a decent labor attorney. It's not so important to get a hot shot lawyer, rather than someone well schooled in labor law. My wife has been forced to retain a Chicago - based labor specialist several times in order to administer court ordered beatings to sundry aholes she has had the displeasure to work for in the past ten years. Usually, a well worded letter, rich in threatening legalese, will prevent further slander. Check with your local bar association.

I really recommend the beat down for its theraputic benefits, though.

 

[English]

Re: Highly recommend you contact Kelly

Abe, look at yesterdays threads for a post of mine about Kelly Sweeney, she was an HR recruiter for 6 years and helps in this area as well. She may have a few tips for you.

It's Kathy Sweeney, not Kelly.

 

[FN FAL]

I really recommend the beat down for its theraputic benefits, though.

I'm with you on the attorney thing njcapt. Fear of litigation, is the only thing people or office holders seem to understand.

And of course, the satire about the stocking stuffer was just that, satire. Sometimes, you just have to blow steam off in your mind, before picking up the phone or pen and paper, and addressing your concerns in a resonable, prudent and legal manner.

An old saying comes to mind when I think about the concept of revenge. It goes something like this...

"If you are going after revenge, you better dig two graves. One for him and one for you."

 

[Jet Jockey]

Abe,

I have to agree with Buzz. I am familiar with the guys at www.oldjob.com They will do you right. They helped me with a situation a while back that I didn't even know that I had.

Good luck to you,

O

 

[Resume Writer]

Another Resource

There is another resource out there called Veriworks. Apparently they do a whole background search. Their website is www.veriworks.com I am not sure if they do what you are looking for though. I think they just verify credentials.

Legally, potential employers are only supposed to be able to ask three to four questions. This includes your position, length of employment, your salary history (if you choose to let them divulge this) and whether you would be available for rehire. Some potential employers will try to push the issue and ask other questions and see if an answer will be provided.

There are two exceptions to this. If you have been discharged because you committed a crime at the company or if you are using an employment search firm.

The company must divulge whether you are a risk for a potential employer or they can be sued. The employment search firm can ask all the questions they want, as they are not the employer.

If you have an HR department at your company, I would suggest putting their number down, as most HR people will not give out any info besides the basics.

Hope this helps clarify any questions. I would suggest what Bobby said in having a friend do it for you, but make sure they follow the guidelines above and then try to get additional info.

Good luck!
Kathy

 

[CALformerCALX]

A friend of mine was afraid of an ex-employer so he spoke with a labor lawyer and he had his paralegal act as a secretary calling to do background info for a ficticious corporate jet job. As expected the ex-boss had a runny mouth. He sued with this lawyer representing him and settled and is now flying at American. Ironically, that CP lost his job for what he did as well.

I don't think it was much but he said the sting of first year pay was eliminated. So I would bet 30-50,000.00 dollars.

I would suggest that because obviously the lawyer knows what can or cannot be done to set this up so that it will stand up in court.

 

[Skyboss]

A previous employer, I think, is going to submarine me during the background check. Is there anyway to find this out before hand and can they legally do this.
Abe

If you have proof. Sue him. By law they can only verify that you worked for them and for how long. If he's talking smack about you, you should have a case.

 

[bobbysamd]

And another suggestion . . . .

Try to get a positive letter(s) of reference before leaving any job, even if you're canned. At least a letter stating that you resigned and you would be recommended for any job for which you are qualified. Having it in writing should be proof positive why you left the job and minimize any badmouthing.

Believe it or not, you still have leverage, even if you're being terminated. I did that at my very last aviation job. I was offered the choice of being terminated outright for cause or resigning. Employers think that if you resign they don't have to pay you unemployment benefits, which you absolutely must protect. But being asked to resign is tantamount to involuntary termination, for which you can collect unemployment, and I knew that. So, I gave them a two-sentence resignation letter, stating that I was resigning and that I understood they would provide a letter of reference. They did. And, eventually, I received my unemployment benefits.

Believe me, it pays to know your rights as an employee. I strongly recommend this book, Every Employee's Guide to the Law by Lewin G. Joel, III, available at amazon.com and elsewhere.

 

[Resume Writer]

Great Resources Bobby

Thanks for posting that book Bobby. I have many clients who ask questions about potential illegal termination, and that will be a good resource.

Kathy

 

[Jmmccutc]

i recently got a new job working line at a local FBO. I asked my old manager if i could list her as one of my references or if she could give a recomendation for me over the phone when the new employer called to check my back ground...she explained to me that by law the only questions she was allowed to answer to the potential employer was "Yes, Jake worked here durring the dates that you have said..." she told me she was not allowed to offer any words of praise or negetive criticsm for my former position...this was my situation, i bet your is a whole lot different but i just wanted to share what i know...

 

[avoidingmyboss]

I would never resort to violence in attempts to correct a former employer. I am shocked and ashamed that anyone on this site would lower to that standard. Its dumb thing to do you could find yourself behind bars. I am not impressed. You need revenge. This is what you need to do, and this will depend on the level at which you were/are being slandered.

1. Buy a 6 pack of beer. Drink 3 of the 6 cans pour the rest in back seat of the car and throw the empty cans under the seat. Call the police and report a drunk driver.
Time in jail 24 hrs min, 2 yrs probation, possible lost job, and no new job for several years.

2. Buy a dime bag of pot from your local drug dealer or loser high school friend. Your friend will be easy to find he still lives with his Mom. Role half the bag into joints and throw some money into the bag. Place the bag under the seat of his car. Call the police and report drug activity from this person. Time spent in jail 1week to 2 years, 2-4 years probation, and lost job.

3. Buy 3 cases of vix rub (that crap your Mom put on your chest as a kid when you had a cold) Get buddies old beer steel. Place into former bosses garage. Call the police report a meth lab. Time spent in jail, who knows and lost job.


Your former employer will find it hard to slander you from behind bars. It’s really hard to return phone calls while he is busy having prison sex and taking care of his legal issues. If he is able to call his credibly will be in jeopardy and if there is any issue give the new employer his number in the slammer. Have fun and good luck.