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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