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Question about job references, I have an ongoing dispute with a former employer.

R

RbSX

Diamond Member
Hey dudes,

So tomorrow, after leaving my old company on Friday, I'm starting my hunt for a new job. I've got a few feelers out, and a few opportunities, but I have a small problem.

As of right now, I'm in a dispute with my previous company over 'owed' compensation, basically there was a sales commission agreement and my former boss does not want to honor. As such I think things might get a little bit messy (e.g. possibility of lawyers getting involved) and I'm not comfortable with using him as a reference.

I'm sure that people that I am interviewing for are going to ask for references, and I'm not sure what to tell them. Should I just direct them to my linkedin account where I have recommendations from co-workers, and subcontrators that I've managed? Or should I explain to them that there's an ongoing situation regarding compensation, and as such I'm not comfortable with giving them my prior employer as a reference.

What do you think?
 
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Afaik your former employer can not say anything more than you worked there and what dates. If they say anything more then they open themselves up for a lawsuit. That's how it is in Tx anyways. If I recall correctly.
 
OILFIELDTRASH said:
Afaik your former employer can not say anything more than you worked there and what dates. If they say anything more then they open themselves up for a lawsuit. That's how it is in Tx anyways. If I recall correctly.
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Good luck proving that though. You'd never know if it happened. The new company would have just found someone with "a better fit for the requirements" or some other BS.
 
Numenorean said:
Good luck proving that though. You'd never know if it happened. The new company would have just found someone with "a better fit for the requirements" or some other BS.
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Bingo and my former boss and the ownership of my old company are vindictive pig fuckers who couldn't run a business to save their life.
 
Yeah, just put a friend down. People I've worked with, but that did not report to me have asked to put me down as a reference and I've taken calls with no worries. As long as they ask me beforehand and I am comfortable to at least some degree with their ability, then no problem and the people calling have no idea.

KT
 
Provide a list of people you would want them to call. Try to include other ex-bosses if you can, but if you can't use coworkers you know will give you a good review.

References are at your discretion. Using a friend as a personal reference is kind of unprofessional unless you are entry-level, but won't kill the job. There is no rule that says references need to be past managers. I usually have one past manager and three or four past coworkers listed.
 
references are not employment history.

i know people will criticize this, but it's what i've had to do before, as do many-

tell them you're still employed and ask that they not contact your current employer. this is pretty standard since most managers understand you not wanting them calling and saying 'hey joe blow is looking for a way out of your suck-ass company.' hopefully the previous employer is good to go, and then you have references. for my professional references, i use one recent manager, another owning manager i've had (figure businessowner adds weight), and then usually just some high level techs i've worked with that like me (automotive industry).

lying on your resume is nothing. however for a job app, i may have described a crime. oh well, ya gotta break some omelettes.
 
AreaCode707 said:
Provide a list of people you would want them to call. Try to include other ex-bosses if you can, but if you can't use coworkers you know will give you a good review.

References are at your discretion. Using a friend as a personal reference is kind of unprofessional unless you are entry-level, but won't kill the job. There is no rule that says references need to be past managers. I usually have one past manager and three or four past coworkers listed.
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I won't use a personal reference, on top of my job, I also worked for 3 months as an intern in New York, I've got a glowing letter of recommendation from them.

I've also got a recommendation from a professor.
 
OILFIELDTRASH said:
Afaik your former employer can not say anything more than you worked there and what dates. If they say anything more then they open themselves up for a lawsuit. That's how it is in Tx anyways. If I recall correctly.
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Also true in CA.
Whether it's followed or not is another matter.
 
DCal430 said:
Please site any law which says this. This isn't true. A former employer can actually say what he wants as long as it's the truth and he can prove it.
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if you LIST THEM AS A REFERENCE.

jesus, children. again, learn the frigging difference. for a job app history, it is to CONFIRM EMPLOYMENT.

however, if they hate you, they will not give a fuck about the law, and neither will the prospective employer, having now learned how much ass you suck.

life sucks, learn to deal with it.
 
brblx said:
if you LIST THEM AS A REFERENCE.

jesus, children. again, learn the frigging difference. for a job app history, it is to CONFIRM EMPLOYMENT.

however, if they hate you, they will not give a fuck about the law, and neither will the prospective employer, having now learned how much ass you suck.

life sucks, learn to deal with it.
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There is NO law which states this in California. It is not a state law it is simply the policy of many companies.
 
Corporate Thug said:
Wait a second...are you saying an employer cannot provide an assessment of your performance? What law says that?
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A saga by foghorn.
A few years ago, I worked for a megacorp. Since our crew didn't really have an office since we just traveled the country, my boss fielded calls all day on the cell. Every once in a while he get a reference call and just say yes or no or a series of yes or no's.
I asked why, and that was his answer. He felt bad for doing it, but was just following what he was told. Sometimes he wanted to yell out something about not hiring that lazy bastard.
But he couldn't ever.
The end.
 
foghorn67 said:
A saga by foghorn.
A few years ago, I worked for a megacorp. Since our crew didn't really have an office since we just traveled the country, my boss fielded calls all day on the cell. Every once in a while he get a reference call and just say yes or no or a series of yes or no's.
I asked why, and that was his answer. He felt bad for doing it, but was just following what he was told. Sometimes he wanted to yell out something about not hiring that lazy bastard.
But he couldn't ever.
The end.
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But that is just a company policy it isn't an actual law.
 
DCal430 said:
But that is just a company policy it isn't an actual law.
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You could be right. Would like to see if someone can dig that up from CA's employment rights site. I'm too lazy now.

That also could be policy because that company is CA based, but employed people all over the country and world. And making that policy universal just made it easier for hiring managers throughout the company.
 
California is among the states that have enacted reference immunity laws. Under California law, truthful communications about job performance or employment qualifications of a current or former employee are privileged as long as the communication is based on credible evidence and made without malice (CA Civ. Code Sec. 47(c)). Privileged communication includes answering the question, “Would you rehire the employee?” The privilege does not apply to comments about an employee's protected speech or activity that is protected by federal and/or state law. Privileged communications cannot form the basis of a defamation claim (libel or slander) under California law.
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..
 
AFAIK, there is no law in California that prohibits employers from "telling the truth" about former employees, but because of the proliferation of lawsuits, MANY companies have adopted policies that only permit the HR department/supervisors to acknowledge that the person worked there, from what dates, and MAYBE, what wage/salary they earned.

That doesn't stop them from answering questions like:
"Would you rehire the individual again?
or
"Is the individual eligible for rehire?",
with "NO!."
 
Pleeeease tell me that LinkedIn accounts aren't starting to become something HR is accepting as references.
 
DCal430 said:
There is NO law which states this in California. It is not a state law it is simply the policy of many companies.
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there is NO law which states i am psychic and know where you live. in TN, it's the goddamn law, hippy.
 
brblx said:
there is NO law which states i am psychic and know where you live. in TN, it's the goddamn law, hippy.
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To deal with employers' reluctance to provide information about former employees, a number of states have enacted laws “immunizing” employers against employee claims over such disclosures. The immunity laws generally provide protection from claims for defamation of character.
Tennessee is among the states that have reference immunity laws. Under Tennessee law, employers that provide truthful, fair, and unbiased information about job performance in response to a request from a current or former employee or a prospective new employer are presumed to be acting in good faith (TN Stat. Sec. 50-1-105). This presumption of good faith may only be rebutted by proving that the employer disclosed information:
• It knew to be false
• That was deliberately misleading
• With a malicious purpose
• With reckless disregard for whether it was false or defamatory in nature
• In violation of state or federal civil rights laws
Note: The Tennessee Supreme Court has held that an employer cannot be held liable when a former employee is compelled to "self-publish" allegedly defamatory statements by the employer to a new employer, so long as the statements are otherwise protected by the immunity statute ...
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So, as long as the ex-employer is being truthful, or believes he is being truthful, he can say all kinds of bad things about you, and the law protects him.
 
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