Fired before officially being hired

[Torrax]

Hello,

I recently interviewed with a nationally known college for a management position. During the interview i was asked how i would deal with an employee that wanted the position that i was applying for but was not offered the job. I gave them an answer and filed the question away thinking it was odd.

I was called back for a second interview and to meet the team i would be managing. I was escorted the entire time by the another manager and was never alone while being introduced to all of the team members. The next day they gave me a verbal offer of employment as long as a drug screen and background check came back clean.

A couple days later i was called by the recruiter who found the position for me and was told that the college was withdrawing their job offer because the only female on the team had filled a complaint with HR saying that i had "looked at her inappropriately". The female was the person who wanted the position i was being offered and didn't file the complaint until she found out that the college had offered me the job. The recruiter told me that the upper management of the department i was interviewing for did not believe i did what she said i did and the staffing firm also did not believe the complaint. I have never had a complaint against me as long as i have been working (since 17 years old), let alone a sexually based complaint.

The college will no longer consider me for employment for any position because of her complaint. While I have no desire to sue the school (if i can help it) I would like to know what, if anything can be done against the woman who filed a false complaint that cost me a very nice paying position with great benefits.

Thank you for your time!
Torrax

 

[army judge]

Has the college given you anything in writing?
Did the recruiter give you the information in writing?
I suspect, from reading your narrative, that the answer is no to both queries.
If that is the case, your legal position is tenuous.
If push came to shove, I'll bet the college would say you didn't make the final cut.
If pushed and they chose to answer, they'd say they found a better qualified candidate.
Unless you can prove your allegation, they'll remain just allegations.
Without proof, they don't have to give you the job.
They can simply say (and I suspect they would), that you weren't qualified, or you weren't a good fit.
But, would you want to work in such a politically charged environment anyway?

 

[Torrax]

Army Judge,

Thank you for your reply.

You are correct in that i did not receive anything in writing. The recruiter is the person who told me that they wanted me for the job and they were offering me a verbal offer because they thought i had another job offer. The college did email me the consent forms for the background check which i had filled out and emailed back to them.

You are also correct in that I do NOT wish to work in that environment and I am thankful that the female did what she did before i was officially working. I could only imagine what she might have said had we ever had to be alone together. Instead of losing a job i could have been looking at possible criminal charges (going worse case scenario). I am also thankful that my family and my wife know that I am not that kind of person so fortunately i haven't had to fight for my character at home because of her lie.

The thing that has me the most upset is that i was accused of doing something that i did NOT do, which cost me the job. I've been on plenty of job interviews where i was not chosen and have no problem with that but losing a job because someone blatantly lied is something different.

What, if any, recourse do i have against the woman who lied and kept me from being hired?

 

[army judge]

What, if any, recourse do i have against the woman who lied and kept me from being hired?

You'd have to prove that the woman was directly responsible for you not getting the job.

If you tried to do that, everyone would clam up and say they said nothing.

What she did, if it could be proven, is potentially a tortious interference with your livelihood.

Since she allegedly lied against you orally, you might sue her for slander.

But, proving it would be a problem.

Don't think for a minute that the recruiter would testify under oath in a court of law as to what he told you, because he knows where is bread is buttered.

If this went to trial, I'll bet that all anyone would say is that they changed their mind.

That's all they have to say.

But, they might have found out something on the background check that changed their mind.

Who knows?

You'll never get the truth on their decision.

But, you already know the truth.

You didn't do anything.

 

[Torrax]

Thanks again for your quick reply.

I don't doubt that they would all clam up but there is the fact that she filed a complaint with HR about the alleged incident. That would provide documentation of her claim and I would hope that the college wouldn't sink so low as to destroy documentation to avoid a possible civil suit.

The recruiter is the one who advised me to seek out an attorney and see what, if any recourse i may have against the woman. I'm fairly certain that the college is not a major client of hers (call it a well educated guess, pardon the pun).

Let's say for arguments sake that I decided to sue the woman for slander and my attorney is able to get a copy of the complaint she filed with HR, what else would be needed to find her guilty of slander, if anything?

Thanks again!
Torrax

 

[cbg]

You would need to prove (and the burden of proof would be on you) that she deliberately and maliciously lied. Not that she honestly believed, even if mistakenly, that what she said was true, not that she misunderstood something, but that she knowingly and deliberately made the statements knowing that they were false; also that the provisional offer made to you was, in fact, contractual.

 

[Torrax]

Thank you CBG and Army Judge for all of the information! It is very much appreciated!