I worked for an employer in Ft. Gratiot, Michigan for 5 and 1/4 years and got fired the day after 2008 Christmas. I have been unable to get unemployment and I have been unable to find a job. My husband is a Pastor of a small church and we have been barely making it each month. I didn't know why I wasn't getting hired. I went to interviews and was told I would get a call back the next day to discuss salary and start date but nothing came. I wondered "what if..." but felt no, the employer is a Christian and wouldn't do such a thing. Then this past Friday (8-14-09) I had my sister call and pretend to be an employer and she was told very damning information that would definitely not get me hired by anyone. They even said, "I would never hire her!!" I couldn't believe this!! What can I do?? I thought Black Balling was done and over with!! At one point when I told them I was leaving them because of pay and them cutting hours they offered me more hours and gave me a raise to stay on (4-2008). Can anyone help me?? PLEASE!!
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Black Balling or Defamation of Character??
- Thread Starter the5sheas
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Green_Hornet
New Member
Black listing usually deals with workers organizing, the employer can say that he would never hire the employee back. Most reference calls the perspective employer asks two basic questions.
1. Did applicant work for you dates shown on application?
2. Would you re-hire applicant again?
I dont know what you mean by damning. It would depend both on the intent, and on the fact that it is false. A prospective employer as well as a former employer could be guilty of negligent conduct, particularly if the sought position involves risk to the person as well as property of others (That's most jobs).
That said the prospective employer that checks the references and the former employer that supply information, are subject to potential liability if the exchange of information illegally harms the job applicant. This may arise under several common law principals, such as defamation, the right of privacy, and most important interference with prospective economic advantage.
Some states have enacted statutes to modify the common law this along with recent court decisions have begun to slowly move in favor of the job applicant. Rightfully so in my opinion, since the potential for defaming a former employee by giving a bad reference is obvious.
With the rise of easy access through current technology such reform is long overdue. Even company's that try an end run, attempting to reduce liability by having former employees signing a release form stating that the company will not be held liable in some cases is insufficient.
1. Did applicant work for you dates shown on application?
2. Would you re-hire applicant again?
I dont know what you mean by damning. It would depend both on the intent, and on the fact that it is false. A prospective employer as well as a former employer could be guilty of negligent conduct, particularly if the sought position involves risk to the person as well as property of others (That's most jobs).
That said the prospective employer that checks the references and the former employer that supply information, are subject to potential liability if the exchange of information illegally harms the job applicant. This may arise under several common law principals, such as defamation, the right of privacy, and most important interference with prospective economic advantage.
Some states have enacted statutes to modify the common law this along with recent court decisions have begun to slowly move in favor of the job applicant. Rightfully so in my opinion, since the potential for defaming a former employee by giving a bad reference is obvious.
With the rise of easy access through current technology such reform is long overdue. Even company's that try an end run, attempting to reduce liability by having former employees signing a release form stating that the company will not be held liable in some cases is insufficient.
The damning information - "She cannot be trusted, she is way to slow in everything she does, she never completes anything she is asked to do, and all she does is complain, complain, complain . . . ." If this is true then why did they keep me on for more than 5 years, why did they call me at all hours of the night when they were having issues with the computers, why did they use me as a marital counselor, why did they ask me to go to Canada to pick up chairs for them after hours, why did I take care of the funerals for their parents, why did I take care of their family's corporate affairs and the parents' bills when I was hired only for their window company office, and why did they increase my hours and raise my pay when I threatened to leave in April of 2008???????????
Green_Hornet
New Member
I don't know why they said that. Run it by an attorney in your state.
cbg
Super Moderator
I don't know why they said that either, but if that is their opinion they are entitled to say it. Previous good evaluations do not mean that their opinion did not deteriorate over time.
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