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| *Ostroff, Fair and Company>>>Law & Legal |
Can I take legal action against a co-worker who gave a bogus reference and cost me to lose a job? |
I stopped working at a market a month ago and have put some co-workers on my new resume as references. Even though these were cell numbers, the new potential employer called the market directly and asked for my references. One girl who worked there, answered the phone and instead of passing it over to the right person, intercepted the call and told her I was a bad employee (contradicted other reports on me). The lady who was GOING to hire me contacted me saying she doesn't know what to do now. I have NO money and can't afford to go ask a lawyer what to do - can I take legal action? Is a threat to do so valid? Thanx ps- pls keep in mind I'm canadian The others are right - It is different here in America. Not knowing how Canada handles these situations, I am suggesting the following based on America... Go to your local courthouse and stop in to see the States Attorney office. Tell them the story, and ask for free advice. I hope this helps you in Canada. I dont know about canada, but in the US that is highly illegal. The only information allowed to be given from a former employer is to confirm you worked there and whether or not they would hire you back. They aren't allowed to say anything bad about you at all. Well I know in USA you could, prospective employers can only ask a manager if they would hir you back, and that is all they can ask by law, but that never happens. And it would be hard to prove in court of any knind of slander with only hearsay evidence. A verbal mis-representation of you in legal terms is called 'slander', in written form it is called 'libel'. You can take legal action against someone for slander, if you can prove they did it, what they said to harm you, and what the specific damages are. In reality, this is very hard to do. If what she said was her opinion, you'll never win the case. You basically have to prove that she maliciously intended to hurt you by saying falsehoods, virtually impossible. If the hiring company is up in the air about you now, you need to try to smooth this over and build their confidence that what this woman said was actually false, and come clean with them if you know why she may be saying bad things about you. You can talk to an employment lawyer, you may have a case against the company this woman works for, since companies aren't allowed to mis-represent an employees status. It's a longshot and would probably cost you more money than it's worth, but you might check it out to see what a lawyer will say. Are you interviewing for a government or high security position? Even so, why is she expecting all of the responses to be pristine? How did this position become available? Unless the company is expanding, someone must have been dissatisfied to create the opening. If she doesn't know what to do and is admitting it to you, how does she handle other areas of responsibility? She is either in desperate need of your support or satisfied as a "Peter Principle" manager. Indecision is never a good trait in an employee and especially not in a manager. The other references, your resume and the interview qualify you for the position. What more does she need? A spiteful injection by a disinterested third party does not deserve consideration, let alone a rebuttal. Tell her so and ask if she would like another meeting before you withdraw from consideration. Also, if you accept the job, it will probably be more of the same. Good Luck. Do you really want to work for someone who was willing to talk to ANYONE that happened to answer the phone? A good employer would call a manager. PS: As an employer, I never use the references given to me...because no one ever really gives you a bad one. I call the manager of their previous job. |
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