Monday, September 29, 2008

Another week of action? Words CAN hurt you!

Another week of action coming right up! There's a Worker's Comp appointment, a doctor's appointment and an assessment, so far. I'm still waiting to hear about the training and shadowing for my new job. They said they desperately need a new worker but that it's hard to find the time to actually hire one. That seems to be quite true, as I first interviewed in August and had put in the application three weeks before the interview. But SLA's job (where she recently went back after being gone for more than a year) may have a night opening! I've never done that work before but would LOVE to work nights! The Post Office job I had was a night job, from 8 PM to 4 AM--and then I worked in the office I was just fired from as a temp during the daytime. I don't want to double-up on jobs like that again but the other job is a PT job and so is this one. Maybe the two together might work out?

Something that I found out very recently surprised me, in a bad way. It seems that the commonly held notion that it's illegal for past employers to bad-mouth a dismissed employee is incorrect! Yikes, and I heard it from good authority, two different local attorneys. A past employer is allowed (by the virtue of free speech) to SAY WHATEVER THEY WANT TO ABOUT A PAST EMPLOYEE!!!! Even if it's controversial, even if it's not true.

Now, usually an employer, especially a large one will exercise some restraint and caution about bad-mouthing someone. But they don't have to by law, in fact both of the attorneys said that proving a case like that would be very difficult to do--and the employers know it.

The burden of defense would be on ME (or any wronged former employee) to PROVE that the company,
1. Actually made derogatory statements about me to a potential employer, and
2. That those derogatory statements were the primary reason that a potential employer decided not to hire me.

As the attorneys said, that would be extremely hard to prove and it would be a rare case that the wronged employee would actually win such a case. Especially since the potential employer is not going to be at all interested in getting involved in a civil lawsuit against another employer! Thus they will downplay or totally omit anything damaging the former employer said to them and claim other reasons for not hiring.

Isn't that interesting, but in a bad way? I really need to find out what they're saying about me.

How is your week shaping up for action so far?

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5 Comments:

Blogger Stacy The Peanut Queen said...

I thought the same thing too! I thought a former employer could only say "Yes, I'd re-hire them" or "No, I wouldn't re-hire them".

That really blows!!!

My week? I'd rather have no action and lots of bed rest....I sure could use a nap right about now...;)

12:03 PM  
Blogger Grant said...

I knew it wasn't illegal, but a lot of corporations are so afraid of a lawsuit that they have rules restricting the information they will give out. When I worked for BS, they only allowed their HR people to a) confirm that a person actually worked for the, and b) supply the hire and fire dates. Even if you were a good employee, they weren't allowed to say so.

12:49 PM  
Blogger Maria said...

I think that most corporations would err on the side of good rather than bad...but I guess one never knows, huh?

4:33 PM  
Blogger Michael Manning said...

Just stay out of court and try to move forward. I met a girl today who was toast for aking a stand on principle and lost everything even though she was right. I wish you a tremendous blessing in the form of a fantastic job, PBS. lol!!!

1:53 AM  
Blogger Walker said...

My week, I'm still drunk.

he way I see it as a former employer.
I take what I see not what others tell me.
If the people hiring don;t see how vindictive these people are then they are stupid.
Remember you worked there for a long time and if they thought you were anything negatifve would show they are lieing or stupid for keeping you on.

12:30 AM  

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