Have I BeenThis is a follow-up on a previous post that may or may not have appeared in the Salary & Negotiation Tips thread. Somebody asked if it is possible to find out if they have been "blacklisted" or otherwise marked as an ' undesirable' employee by a previous employer. I find myself wondering about that very same thing since several of the promising opportunities that I have applied for, and for which I was a perfect match, have resulted in "rejection". I know I totally botched one interview, and I already kicked myself around the block twice for it. I have brought myself up to speed with the latest interviewing techniques and have suffered through several critiques and tapings until I ' got it right' . Having been unemployed since the middle of last November makes me suspicious of possible external forces at work. My prior employer informed me that it is their practice not to divulge anything about previous employees other than to verify that "yes, person-x was an employee of ours from date to date". In my case, as a consultant, my resume' lists clients I served while employed, and in general the type of work I did for them, without violating confidentiality agreements. The employer and I parted company because they were shifting their market focus and I was no longer part of their plans. Somehow, I smell a rat through all of this. What is the best way for me to find out whether or not my employer is putting out negative vibes or if a particular client is doing the same? Thanks for your help. I' m not Expert, but... 1- There is no way to "get it right" for interviews. Each one is different. One interviewer may be friendly, laid-back and casual and may talk sports for 30 minutes before looking at your resume. The next guy may be all business, hard as nails and play his cards close to the vest. You may be ready for the second interviewer but have only interviewed with the first and come off as stuffy and stiff. 2- Unless you screwed your clients why would they be "blacklisting" you? And why would your previous employer do so? If you are in a tight industry as I am, chances are that if you apply somewhere, the first thing the prospective employer will do is call one of your former employers and say "Hi Bill. I just got Jeffmilwak' s resume on my desk. You remember him? What can you tell me about him?" If you did a good job for him and left on good terms you shouldn' t have a problem. 3- Personally I am leery when I see "Consultant" on a resume for a couple of reasons. First, this person has been his own boss for a while. Will he be able to work for someone else now? Second, will he still do consulting rather than devote 100% of his efforts to my company? Third, is this "consulting" another way of saying "unemployed"? 4- There are still plenty of qualified people out there vying for jobs. For any given position I am sure that an employer will receive 100 resumes. Out of that 100, he can probably grab 10 worth interviewing. Those are the odds you are up against. So, "blacklisting"? I think not, unless there is something that you aren' t sharing with us. Personally, it' s my firm belief that "blacklisting" is about as real as the Easter Bunny. While it may have happened in Hollywood 50 years ago, it simply doesn' t happen now. In a sense, however, I suppose someone could effectively "blacklist" themselves by performing poorly for more than one employer, or stealing from more than one, or repeatedly doing something for which they' re fired from multiple jobs. But as far as anybody being literally "blacklisted," well, it just ain' t so. Stop and think about it for a minute, how would anybody go about creating a "blacklist" that employers could access. A moments reflection should tell you that it can' t be done and, more importantly, it isn' t done, so I think you might be just a little paranoid about it. Anyway, if you know you' ve performed well for previous employer' s, why would any of them bother to lie about you to prospective employers? The ONLY way that could happen is if your references are intentionally lying about you and since most people pick their own references, it hardly makes sense to believe that they' re conniving behind your back to keep you from finding a job. A ' database' or ' warehouse' of "do not hire" would be hard (and probably illegal) to maintain. I did have a negative experience in one particular assignment wherein I was quite frustrated. There is no rule against one person calling another and discussing a potential hire. To reach that point in consideration, though, requires a resume' and cover letter which generates enough interest to warrant a more detailed investigation. Thanks, again!
It sounds like you were not expecting your past boss to blacklist you,but your struggle to find work is making you wonder if a prior bossmight be giving you a negative reference. Here's what I know, it is unlawful for a past employer to giveout "negative" or "false" information about a former employee - - evenif the employee signs a consent form for a prospective employer sayingthat they are authorized to give out information about the pastemployee. The consent does NOT mean that they can slanderyou. You can call the EEOC's 800 number and ask themdirectly or visit there web site (EEOC.gov). If they are giving out negative information about you it could beviewed as "sour grapes" or retaliation because you quit. Thiscould be construded as an act of malice (making statements out ofspite). You can have a friend call your past boss and pretend that he or she isinterested in hiring you. If you find out that they aregiving out negative information, you can have a lawyer write a letterto you past employer to have them stop giving out unfavorable jobreferences. Here's an interesting case I read a case in findlaw.com - ex-employee sued a former employer because they had to state on jobapplications that they were fired and it was preventing them fromgetting a job. They were fired for alleged gross insubordinationbecause they would not falsify reports. The court ruled theywere defamed because they had to truthfully reply they were fired forinsubordination and any explanation they gave would not make-up for thenegative impression caused by the words "grossinsubordination". Sailing, Thanks for your advice and the summary of case law. I am legally bound from further litigation involving my former employer as a result of a separate agreement negotiated through counsel on another point related to my termination of services. If I find out that my character is being defamed - so to speak - then I will have no choice but to follow up with the EEOC. Thanks, again! This is not, nor is it intended do to be, legal advice. But just to clarify the point you' re trying to make: If a former employee reasonably believes that a former employer is intentionally and maliciously lying about him/her, it' s not "illegal" in the sense that theres a "law" that will send the person doing the intentional and malicious lying to jail, like someone who robs the neighborhood grocery. What the intentional and malicious lying does create is a potential CIVIL cause of action between the two parties. The former employee can sue the person doing the intentional and malicious lying, but the burden is on the former employee to prove by a "preponderance of the evidence" that what' s being said about him or her is not only false but was done intentionally and with malice. Giving out "negative" information is not a basis for a law suit if it' s true or the person making the statements is stating an honestly held opinion. If a former employee was fired for stealing - and it' s TRUE - the former employee can sue, but he or she will lose because the truth is an absolute defense. Having someone call and pretend to be a prospective employer is not a good idea. At the very least it' s deceptive. The better approach to take is a good look in the mirror and to objectively consider the circumstances that lead to this person' s departure. Remember, there' s nothing wrong with giving out negative information as long as it' s true or the person giving it out is stating an honestly held opinion. The best advice in this situation is for our original poster to contact a lawyer for real legal advice, which this is not, nor is it intended to be. none of this information is intended to be legal advice. And Iagree anyone in this situation should check with a lawyer. Orcall the EEOC directly. They might even be able to get some freelegal advice - do google search for an agcy that does this for free. First, I' m not talking about a former employee who was caughtstealing, doing drugs, or something along those lines. The "false" information is a given, it' s slander. As for the "negative", there are former employers who say things to bespiteful, like "the employee had a bad attitude, not a team player, tooemotional, didn' t get along with other co-workers" or somestatements along those lines in "Retaliation" because the employee madea complaint to HR and/or filed a discrimination complaint with theEEOC, or for some other reason that they have "sour grapes",etc. And the proof is the "filed complaint" and a signedstatement from an agcy that checks references for a fee. As long as there is a need for these types of laws, then there is aneed to check references. Personally, I think it is far moredeceptive to say things out of malice / spite to hurt another person' schance at employment so they cannot feed a family or paybills. have to walk in their shoes. I believe you all are missing the point! Unfortunately, when you create a resume, you have to refer back to previous employment situations. Example: A prospective employer calls on your previous work reference and happens to get the "wrong" person on the phone. By "wrong," I mean that dude that hangs out by the receptionists desk eavesdropping on calls. Just happens to be best buds with the receptionist. He says "I' ll take the call". He just happens to be NOT your supervisor (she left that position 6 months ago for another job unannounced to you) but he passes himself off as a person of responsibility anyway.. Just so happens that this person fielding your "reference call" is your political worst enemy. You get stabbed in the back 7 ways from Sunday AND you are totally unaware of the damage that has been done to your reputation. All you know is YOU did not get the job.. Does this happen? Doggone right! How do you find out where the bad actor is that is causing your career this problem? Are there Resume screening outfits out there to find out where the landmines are? And possibly who are your "fans"? What are the links to these services, and what is a fair rate? As they say "Revenge is a dish best served COLD." There are many who suffer silently in this situation, because somebody still has an axe to grind every time your name is mentioned. Your input is appreciated. | |
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