False Statements in my employee file

[ladyvalentine]

I need some advice on the law and what I can do about what I recently found out.

I was considering reapplying to work at a previous employer who, when I had my exit interview, told me (HR) that I was eligible for re-hire.

I expressed in this interview that I was not pleased with the new director's way of conducting reviews and that basically she was stirring things up and causing a lot of good employees to leave.

Here it is I have not worked for them over a year now and I have reapplied. That director did not last and most of the people that were supervisors of me are no longer there. Even the HR person I spoke to during my interview is gone.

I recently spoke to my former co-worker and friend who still works there expressing to her that despite her recommendations and those of other former co-workers there, I have not received a call back from the new director. Well, I spoke to her again yesterday and she told me that the director looked into my file and has concluded that I am not eligible for re-hire because it was said in my file that I am lazy and have a bad attitude.

These statements are totally false and retaliatory in part of the former director, who I believe could be the only one who put that in my file. At this point I do not care if I am not rehired, but in the event that I have to use this employer as a reference, I am not sure if I should be worried if this false information can be used against me.

There would be no other documentation that I am aware of that could support these statements, in fact, I could produce many examples to the contrary with much agreement from former co-workers.

My main concern and question is, can a former employer say negative things about me to a potential employer and how am I protected from this happening? Also, is there anything I can possibly do to have this removed from my file if it is at all true that she did indeed put these remarks there? Any advice is much appreciated.

 

[cbg]

In order to give you an accurate answer I need to know what state you are in. State law governs personnel file issues.

 

[ladyvalentine]

i live in MA

 

[cbg]

In MA (as with all other states) your employer can say anything that is true, that they have a good faith belief is true, or that represents their honest opinion. If your former manager's opinion is that you are lazy and have a bad attitude, then she is allowed to say that, even if you feel that she is wrong and even if others will back you up. You cannot sue for opinion.

However, you are to some extent in luck because MA gives you a right that most states do not. In MA, if there is information in your personnel file with which you do not agree, you have the right to write a rebuttal which then is placed in the file and becomes a part of it. You cannot force them to remove the information but you do have the right to put your side of the story there as well.

 

[ladyvalentine]

Okay, so basically she knew what she was doing by saying those things in my file and barely knew me because she was new to the company. She is the reason so many good employees quit. Then she quit or got fired shortly there after. A higher power is taking care of her.

But anyway...So, is there some law i can look up that protects me from that opinion being given to a potential employer? I thought that employers are not allowed to say more than yes you worked there for x-amount of time and if you are eligible for rehire...which, with her statements they would say no, even though during my exit interview with HR, I was told that I am eligible for rehire. I gave proper notice and I was a good employee with no warnings or bad comments in my file when I left. Are there no laws against slander and defamation of character?

 

[jacksgal]

Wrong as cbg already told you the employer can say anythng truthful or they think is truthful. This includes what you describe. You can certainly protest this but your former employer is under no obligation to remove it or hire you.

 

[jacksgal]

The quote below can easily be said shows "bad attitude".

I expressed in this interview that I was not pleased with the new director's way of conducting reviews and that basically she was stirring things up and causing a lot of good employees to leave.

 

[cbg]

But anyway...So, is there some law i can look up that protects me from that opinion being given to a potential employer? No. There is not.

I thought that employers are not allowed to say more than yes you worked there for x-amount of time and if you are eligible for rehire That is a myth. No such law exists in any state, regardless of the frightening number of people who erroneously believe it to be true.

Are there no laws against slander and defamation of character? Yes, there are. However, since this represents her opinion, this is neither slander nor defamation of character and they do not apply here.

 

[ladyvalentine]

THx for the info. So, basically I am screwed if I use them as a reference, and she knew just what she was doing. I have to work and kiss ass and not tell my "honest" opinion for fear of retaliation from people with big titles. I believe that in my exit interview, when I gave my honest opinion on how she was handling her new job of heading my department; the HR rep may have repeated what I said and she decided to spite me in a big way. A lesson learned in deed. That HR rep is gone too!