Is this legal?

[charming23]

So I have been unemployed for a bit. The last company I worked for let me go because A. They were downsizing and B. My ex-boss accused me of forging a doctor's note saying I was in the hospital in ER overnight one night during our billing week and was told not to go into work the next day by the doctor. The state of Ohio found that they had no right to fire me and granted me my unemployemnt. She has done this to others that have worked there and they have all been found to be unlawfully fired by the state.

I have been looking for a job religiously in that time period and have even been on a few interviews lately. One interview went really well and he all but said the job was mine. Well yesterday I got an e-mail thanking me for my interest in the job but they chose to go another way. There was a phone number to call with any questions, so I called to find out why I had been passed. I figured it would be a good learning tool. The lady in the HR department told me that when they called my former company my ex-boss told them that she had never heard of me and never knew anyone by my name who had worked there. I was not shocked as she has done this to other former employees. They then informed that they called back and talked to someone else in the HR department and she too denied I had ever worked there.

My question is, is this legal for them to do? And in future interviews how do I handle this situation? I have kept all of my paystubs from there and have my W-2's from the time I worked there. It angers me because I was so excited over this job prospect and the reason I did not get it was because she lied to them.

Thanks for listening.

 

[disney junky]

Can't say if it's illegal but it certainly would seem to be unethical. I know that giving a poor recommendation can be a touchy issue unless there are things that are documented, so denying that you ever worked there would seem like something they could be held liable for. I'd probably ask the unemployment agency this question. Why would your previous employer care if you got hired unless they are vindictive. Good luck.

 

[Carly_Roach]

So I have been unemployed for a bit. The last company I worked for let me go because A. They were downsizing and B. My ex-boss accused me of forging a doctor's note saying I was in the hospital in ER overnight one night during our billing week and was told not to go into work the next day by the doctor. The state of Ohio found that they had no right to fire me and granted me my unemployemnt. She has done this to others that have worked there and they have all been found to be unlawfully fired by the state.

I have been looking for a job religiously in that time period and have even been on a few interviews lately. One interview went really well and he all but said the job was mine. Well yesterday I got an e-mail thanking me for my interest in the job but they chose to go another way. There was a phone number to call with any questions, so I called to find out why I had been passed. I figured it would be a good learning tool. The lady in the HR department told me that when they called my former company my ex-boss told them that she had never heard of me and never knew anyone by my name who had worked there. I was not shocked as she has done this to other former employees. They then informed that they called back and talked to someone else in the HR department and she too denied I had ever worked there.

My question is, is this legal for them to do? And in future interviews how do I handle this situation? I have kept all of my paystubs from there and have my W-2's from the time I worked there. It angers me because I was so excited over this job prospect and the reason I did not get it was because she lied to them.

Thanks for listening.

This may be something you'd want to ask an attorney about (or even go to a local law school and pose the question). I don't believe they can lie about actual employment dates but if you were in a trial or probationary period or were a temp or something similar, then they may be able to get away with saying that you weren't technically an employee.

Check with your Department of Labor (or similar public service department). I don't know that you'd have any recourse for losing a potential job but it may start an investigation into the company that they wouldn't really want to have if their practices are as shady as you're describing.

 

[tweedlemom]

Do you have paystubs you could show to prove you were employed there?

 

[golfgal]

I would call your department of Labor. First call the HR person back at the company where you interviewed and ask, nicely, if it would be ok if someone from the Department of Labor called her to verify that the other company told her you never worked there. I would explain the situation and thank her for her time and leave it at that there. Then call the Department of Labor and tell them what is happening. I would think that it is illegal but if not, certainly unethical. Is there someone higher up at the old company you can report this to as well? A W-2 is all it would take for YOU to prove you worked there-pretty stupid on that woman's part.

 

[kamik86]

I would call your department of Labor. First call the HR person back at the company where you interviewed and ask, nicely, if it would be ok if someone from the Department of Labor called her to verify that the other company told her you never worked there. I would explain the situation and thank her for her time and leave it at that there. Then call the Department of Labor and tell them what is happening. I would think that it is illegal but if not, certainly unethical. Is there someone higher up at the old company you can report this to as well? A W-2 is all it would take for YOU to prove you worked there-pretty stupid on that woman's part.

I wonder if this isn't so much that they don't know that it is easy to prove that she did work there but the way to give a bad review... I know because there are so many laws about what you can say many if they didn't like an employee will just stay "XXX is not eligible for rehire" so I'm not sure why they didn't just do that though. Even after proving she worked there this drama may turn off the new company and make them want to go with someone else.

 

[charming23]

Thanks for all of your responses and advice. I will defineately give the department of labor a call later. I know one of the other girls who was let go a few weeks after me had the same issue so I am going to see if she can call to. We both kept all our w-2's as a good friend of mine who works there still warned me to.

I realize that this will not help with the job I already lost but for future potential jobs. I had always recieved good reviews while I worked there and she was supossed to eliminate the last person hired in our department but used me as a scapegoat since the last person hired was a good friend of hers. The company is all sorts of messed up and my friend who still works there, bless him, is working on finding out who I can trust there to call and see what happened.

 

[Kies99]

I think what your previous employer is doing is actually illegal. I would think you have grounds to sue your previous employer based on the wrongful termination and this new situation keeping you from getting a job.

I'd skip the labor department and find an attorney that handles labor issues. I also think if you have the paystubs or w-2's, you should fight for that other job if it's not too late.

 

[fireflymedic]

And in future interviews how do I handle this situation? I have kept all of my paystubs from there and have my W-2's from the time I worked there. It angers me because I was so excited over this job prospect and the reason I did not get it was because she lied to them.

Thanks for listening.

the truth is almost always the answer. You have to tell the next future empoyer in the interview and I would take all the paper work and offer it to thim that you were layed off and they tried not to pay your unempoyment and you had to fight for it now they are made and may and have in the past said you did not work there but hear is the w-2's as proof bla bla bla. If you have impressed thim in the interview and they do want to hire you this may stim off the bad vibe the other co. may put on you with there lies.

and yes I think I would sue the other company too if I dont get a job pretty quick. and if I do get a job quick I would go the turn theim into the state route.

 

[piperdown]

Couldn't this be considered slander? What the company representative said was factually untrue and caused harm to the OP.

 

[lillygator]

did you provide a valid note dr note to the previous job?

 

[Swank]

I recommend that you also call the HR department of your previous employer and tell them what happened. They will not like what is going on. If your previous employer is too small to have an HR department then call the Manager of the person who told them that you never worked there. This will put them on notice that they should not do this anymore, and you may want to let it slip that you called the DOL and a lawyer.

I work in HR, if we got a call from a former employee that this was going on we would put a stop to it.

 

[Arielle22]

So I have been unemployed for a bit. The last company I worked for let me go because A. They were downsizing and B. My ex-boss accused me of forging a doctor's note saying I was in the hospital in ER overnight one night during our billing week and was told not to go into work the next day by the doctor. The state of Ohio found that they had no right to fire me and granted me my unemployemnt. She has done this to others that have worked there and they have all been found to be unlawfully fired by the state.

I have been looking for a job religiously in that time period and have even been on a few interviews lately. One interview went really well and he all but said the job was mine. Well yesterday I got an e-mail thanking me for my interest in the job but they chose to go another way. There was a phone number to call with any questions, so I called to find out why I had been passed. I figured it would be a good learning tool. The lady in the HR department told me that when they called my former company my ex-boss told them that she had never heard of me and never knew anyone by my name who had worked there. I was not shocked as she has done this to other former employees. They then informed that they called back and talked to someone else in the HR department and she too denied I had ever worked there.

My question is, is this legal for them to do? And in future interviews how do I handle this situation? I have kept all of my paystubs from there and have my W-2's from the time I worked there. It angers me because I was so excited over this job prospect and the reason I did not get it was because she lied to them.

Thanks for listening.

The state would have found the company did not prove gross misconduct and that you were entitled to unemployment. It is not a determination that your termination was illegal.

Even if you get a lawyer, if your boss is saying she doesn't remember you it is going to be tough to prove that at the point she said it she did remember you. Also you have to prove damages. Will the company who interviewed you provide documentation that you would have gotten the position if not for what your prior manager said?

The other problem is that your manager can say what they believe to be the truth when asked for a reference. So the manager could have easily said charming23 was fired because we believed she forged a doctor's note. This leaves you in the position of explaining what happened.

Your best course of action when going to another interview is explain how you left your prior job and remember not to trash the prior manager. It will look bad for you. Offer your W-2s as proof you worked there. Tell the interviewer that they can check the reference but you know from prior experience that the company denies knowledge of the former employees.

This way the new company doesn't feel blindsided by the issues and you appear honest from the beginning.

 

[dakcp2001]

I would call a lawyer. At this point damage has already been done and you just lost a job. I would pay the lawyer to handle this, and make sure you get a written reference from this former employer before this is all said and done in case they pull this crap again. They need to be called on their unethical behavior, it just cost you a job. Imagine how many other people never called to find out why they were passed over? They probably do not even realize that someone is fibbing.

You state that she has done this to others, are they willing to fight back with you? I would say you can prove damages if she has several people with the same exact complaint. You should all file a complaint with the DOL. They were very helpful when my previous employer decided not to pay overtime to save money in the budget. The reclassified any OT as "education & training time" and paid us at regular not time and a half. They won't be doing that again.

 

[aaarcher86]

The state would have found the company did not prove gross misconduct and that you were entitled to unemployment. It is not a determination that your termination was illegal.

Even if you get a lawyer, if your boss is saying she doesn't remember you it is going to be tough to prove that at the point she said it she did remember you. Also you have to prove damages. Will the company who interviewed you provide documentation that you would have gotten the position if not for what your prior manager said?

The other problem is that your manager can say what they believe to be the truth when asked for a reference. So the manager could have easily said charming23 was fired because we believed she forged a doctor's note. This leaves you in the position of explaining what happened.

Your best course of action when going to another interview is explain how you left your prior job and remember not to trash the prior manager. It will look bad for you. Offer your W-2s as proof you worked there. Tell the interviewer that they can check the reference but you know from prior experience that the company denies knowledge of the former employees.

This way the new company doesn't feel blindsided by the issues and you appear honest from the beginning.

That's not even what she's asking about. She's asking if it is illegal for her previous employer to say she never worked there - remembering her and flat out lying (including an HR worker) is different.

OP - in future interviews I would just advise them that you've had a history of your previous employer telling future employers that you no longer work there and you would be happy to provide a W2 or pay stubs if necessary and leave it at that.

 

[Diegosmom]

Whenever I have been on job interviews they have always asked if they could contact my former employee and have asked for a phone number that I provided. If I was currently employeed I would say no because I did not want my current employee knowing that I was looking. Don't the interviewers ask you? If they do I would explain the situation and offer to have then call the employee prior to this one.

 

[RitaE]

I'm usually a suck it up and deal with life kind of replier but I have to say -- the story as you tell it is one that one I'd be calling somebody and inquiring as to what particular rights you have. The Department of Labor, a Lawyer ..... whomever.

I'm not a lawyer but they are flat you lying and it doesn't take a genius to see that making you look like a liar has a severe detrimental effect on your job search.

Can't cuss on here so I can't call them names for you. But feel sure that I'm thinking them.

 

[tasha99]

Wow--how horrible! I would report them to the Department of Labor (or wherever that kind of thing gets reported). Then I'd get together with that other employee who had that happen, and see a lawyer. I bet you can get some money for this since it has affected your job hunt AND is dishonest enough to tick a judge or jury off. It's so dishonest, I'd think there would be some sort of punitive damages or fines assessed.

 

[SandrA9810]

I thought it was illegal to tell the reason for termination of employment. I know in the State of Florida, an employer is only allowed to say that "yes, this person worked from such and such date" or "no, this person did not work for the company".

Seems like the former boss stayed within her "legal boundaries" but still caused her to loose the job. Only if the boss was listed as a reference (which I highly doubt), could she give her personal opinion of the OP.

Usually most applications have a question of may we contact this employer. Just check no. My aunt's resume has one job listed as "bookkeeper for car loan company - name withheld". It was a really bad job, really bad boss, but it still shows she was working in her field.

 

[RitaE]

Like any good DIS-Lawyer I Googled and found LegalMatch.com. Who btw encourages you to contact an employment law attorney. But this is what they say

What Must A Former Employee Prove To Establish A Case Of Defamation Against A Former Employer?

There are five elements that must be proven by the employee to succeed. They are:

The employer made a defamatory statement: A statement is generally considered defamatory if it harms the former employee's reputation by lowering him in the estimation of the community or deters third parties from associating or dealing with him.

The employer published the defamatory statement to a third party Publication may be verbal or non-verbal.

The employer's statement was false: Generally, the duty to prove that a defamatory statement is false falls on the former employee. He must show specific facts demonstrating that his former employer's statements were not well-grounded.

The employer was at fault in making the false statement: The fault an employee must prove is based on the extent of the employer's knowledge that his statement was false.

The false statement caused injury to the employee's reputation: An employee must prove that his injuries would not have occurred if not for his employer's false defamatory statements.

The tricky part of course is proving that the false statement caused actual injury. I have to think you'd probably be able to scare the crap out of them at least with a legal threat, and get them to knock it off.