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Employer verification

Discussion in 'Human Resources' started by John Marken, Feb 14, 2020.

  1. John Marken

    John Marken Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    In 2019 I got a negative employment verification that I would like to know if there is anything I can do about.

    I was employed as an engineer in Arizona in a contract position from 07/2013 to 10/2013 then as a permanent employee from 10/2013 to 02/2014. The contract work was direct to the company, not a contract house. I had a manager that was verbally abusive and like to intimidate his employees, in short he was a sociopath. He caused me so much stress I didn’t go into work for 2 days (Thur & Fri). I didn’t call in due to the stress. On Monday I went to work and gave my 2 weeks notices. My manager flipped out. He came to the lab and told me he needed to see me in his office, I very politely asked “now?”, he then yelled at the top of his lungs in my face “yes now”, there were 5 witnesses to this. I gave no resistance or back talk, we went to his office where HR and his manager were waiting. HR told me that they would accept my resignation, but make it effective immediately and I would be paid for those 2 weeks plus remaining vacation. I was not given a formal reprimand. I left the office without comment. I was paid as stated.

    During my time there I was never given a written reprimand and I was a high output engineer. My work exceeded everyone around me.

    I recently got a job with a defense contractor that requires a security clearance. I filled out all the required security paper work but was later called in for an interview with the investigator, something was wrong. During the interview I was told they contacted my former employer who told them that I was listed as “do not hire” and that I had been written up for not coming into work for 2 days. I discussed what happened with the investigator and that I had never received a written reprimand and was unaware that it was on file. In the end I was given a full clearance but it took about a year for that process.

    I feel the statement that I had been reprimand was a false statement made my former manager meant in inflict harm. I now have this event recorded in my security forms. Since I was never given a written reprimand I would like to know if I have any possibility of successfully suing my former employer to remove this statement from any records. I would also like to sue for attorney fees if possible. My goal is not to make money off this, but to remove the comment so it never happens again, and prove on my security investigation that my statements where correct and true. This is something I take VERY seriously, I am willing to shell out 5-10k in attorney fees for this. If successful I would forward this ruling to the investigating agency.

    Any advice you can give on this would be appreciated.
    Thanks in advance
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    The problem is that the former employer has the right to tell others, including the government, that you failed to show up for work for 2 days, resigned, and that as a result the employer now will not consider hiring you back as those are all true statements (assuming, of course, that it's true they put you on their do not hire list). You cannot force the former employer to retract things that are true or that are merely opinion You explained what happened and got your clearance. So there is nothing for which to sue here.
     
    Zigner and hrforme like this.

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