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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20079
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I worked for a small privately owned company for 1-1/2 years.

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I worked for a small privately owned company for 1-1/2 years. They recently changed management and let the previous managers go as well as me. On my resume I only give the old managers name as a reference as I never actually worked for the new mgmt. I have gotten very few responses from the resumes I have sent out. I decided to have a friend call the store to see what they would say about me. An ex-coworker told the person she was the assistant manager and proceeded to give me a terrible reference. Said that I did not come to work when scheduled, did not get along with co-workers, and that she would not re-hire. None of this is true. My ex manager gives me a glowing reference. What, if any, recourse do I have?
Hello,

Thank you for the information and your question. Does your former employer have an HR Department and if so, why didn't you put their number on your resume/applications for reference? Have you spoken to them about the assistant manager's comments and if so, what did they say?
Customer: replied 3 years ago.


No HR Dept. Very small company with 8-9 employees. I only listed my ex-managers number on my resume. Not the store but it is possible someone could look up the store number and call them directly. Esp since I am looking for local employment in other small stores in a small town.


 


I spoke to the current manager and she said she would 'look into it'

Hello again and thank you for the additional information. If the statements of this assistant manager were false statements of fact, and those statements are costing you job opportunities, then you would likely have a defamation of character cause of action against the employer and this individual. What I might want to do is to sit down with a local trial/litigation attorney (personal injury attorney) who handles non-physical injury torts to discuss the details of your employment history and the information you have gathered about what this person said about your work, and decide if you want to file suit or perhaps just have the attorney write a "Cease and Desist" letter letting the business know that if they don't stop making false statements about you then you will exercise your legal rights (sue.)

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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