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Author Topic: Unwarranted bad reference
Kindred
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posted 17 June 2003 04:10 PM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
Does anyone know what can be done when an employer gives you a really bad reference because they were angry that you quit? My previous employer is really bashing me, I worked there for 2 years - if I was so bad why did they keep me on that long? and my partner and I increased their sales by over 65% while we were there. We both left at the same time due to the crap they were dishing out to us, and I told them IF I wasnt paid all the money they owed me they would see me in court - well I got the money, but now they are lying to people asking for a reference from them. Even to the point of lying about my duties while I was there. They are saying I was "non-productive" which the 65% percent increase in sales proves is a total bullshit lie. I cant leave the job off my resume as it is 2 years of pertinent experience to my career -- any ideas? Can I sue them or something? HELP!
From: British Columbia | Registered: Nov 2002  |  IP: Logged
paxamillion
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posted 17 June 2003 04:13 PM      Profile for paxamillion   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I don't know about a lawsuit. Have you thought about using a peer reference from that place -- someone you worked with rather than a supervisor? How about some of your clients or customers?
From: the process of recovery | Registered: Jul 2002  |  IP: Logged
Kindred
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posted 17 June 2003 04:33 PM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
My clients are sending me letters - I have been turned down for one job after another for a year now and couldnt understand why. I have always gotten interviews whenever I applied for a job.
From: British Columbia | Registered: Nov 2002  |  IP: Logged
paxamillion
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posted 17 June 2003 04:35 PM      Profile for paxamillion   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Perhaps you could deflate this by telling prospective employers about why you left that place up front, and telling them that you wouldn't expect a good reference from them. Then hand over copies of glowing letters from your clients.
From: the process of recovery | Registered: Jul 2002  |  IP: Logged
Meowful
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posted 17 June 2003 04:36 PM      Profile for Meowful   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I am in the process of looking for a job.... it is not easy that's for sure... today I'm so depressed that I'm just going to go back to bed...

editted to add: I had an interview for my dream job on Monday the 9th. The boss said she'd let me know by Wednesday the 11th. I called her on Thurs the 12th to find out what was happening, she said she was waiting for approval and that she would have an answer for me by Monday the 16th. So I waited... and waited... I called her this morning at 10 am and she is still waiting to hear from her superiors! Arrgghhh I am going crazy!!

[ 17 June 2003: Message edited by: Meowful ]


From: British Columbia | Registered: Jun 2003  |  IP: Logged
Doug
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posted 17 June 2003 04:44 PM      Profile for Doug   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I know that at many companies they have a policy of not giving references, per se, but just confirming job title and dates of employment. Presumably people have sued over bad references before and that's the reason for those policies.

I suppose you could have the people you've applied to check with the human resources people at your previous employer to get that information (confirming your employment) and then go with peer or customer references as paxamilion suggested.

Unfortunately, I couldn't quickly find any information on the legal requirements around hiring and references, but I'll look again later.


From: Toronto, Canada | Registered: Apr 2001  |  IP: Logged
Kindred
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posted 17 June 2003 05:03 PM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
I just had a lenghty conversation with one of my clients,(previous) also a union manager and he said "sue the bastards" - my clients are writing letters for me. everyone is majorly pissed off

quote:
Kindred was quick to grasp my needs, working within our budget and designing effective advertising for our business. I found her to be willing to make quick changes for me, advise me of special editions that would reach my customers, and always personable and pleasant to work with.

I always felt she had my best interests at heart.

I would not hesitate to place my advertising needs with her and had the utmost confidence in her ability. I often just advised her to do up the ads she felt I should run when I was busy, and she never let me down. She is in my opinion a real professional


This is a real hurting thing, I applied for jobs who's requirements could have been written specifically for me - and nothing, for a whole year I have been sending our dozens of resumes, beating my head against a brick wall and getting really depressed thinking I am over 50, female and disabled, I obviously dont stand a chance and to find out this ! I am past anger -

I believe the unions are going to do some shaking up over this - I dont belong to it, but I did so much labour work, I went way way above and beyond for labour organizations while I was there.

I guess I can put the info on my resume, employer is not happy that I quit - or something equally lame about them.

Even other sales people who shared clients with me, from other companies are sending me letters

quote:
Kindred and I became acquainted through her contact with a mutual client. I have known Kindred as a news print media representative and I have seen her skills in practice and her behavior while working. She does a commendable job of addressing the client’s needs by honing a suitable fit with the need and the product she is selling. She is quite skilled at demonstrating the advantages and benefits of the product she represents.

Further I have know Kindred to be tenacious, unrelenting and dedicated to her work and her employer. She is accustomed to routinely conducting a considerable number of face-to-face sales calls on a regular daily basis. She is a self-started and has her time management down to a fine art.

Kindred would enthusiastically grasp local, regional and national advertising, product information and develop the necessary sales knowledge readily. Similarly she is able to address internet new media knowledge with adept comprehension.

In character Kindred is honest, trustworthy, praiseworthy and would be a commendable employee asset to any organization.



And this is coming from the "competition" which I also refused to bash to my clients and ticked off my employer at times for not doing that - ARRGHHHHHHH I feel like screaming! My clients LOVED me and I worked so hard for all of them -- it is so unfair ! I worked evening, I worked weekends - I went to all sorts of events and shows my clients put on just to show my support and thanks for their business. Lots of times I would have rather stayed home with a good book, nice and cozy and warm and not drag my tired butt out in -35C weather - but I did it, all the time -- and people appreciated it.

I so dont deserve this. I have an excellent reputation with all my clients and a really solid relationship -


From: British Columbia | Registered: Nov 2002  |  IP: Logged
Michelle
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posted 17 June 2003 05:09 PM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I wouldn't put it on your resume if I were you, Kindred. Don't put your references on your resume in this case, just state where you worked and say that "references are available upon request". Then if you get to the interview stage and they ask you for your references, hand over client letters that you're getting people to write. If they ask you whether you have references from your direct supervisor at the place, then you can tell them (try to do it in a way that is diplomatic, with as little boy-are-they-ever-jerks type stuff as possible) that despite you giving ample notice, they were very upset with you for leaving the company and have refused to give references despite the fact that you improved productivity by 65% - but that you do have letters from former clients who were very happy with your work for them, and you would be happy to share those with them.
From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
Kindred
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posted 17 June 2003 05:16 PM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
OMG I actually contacted the bastard manager after I left and sent him an email with names and numbers of people I had talked to who were interested in advertising when they expanded their media reach and ended with "Go get them! Good luck I am still rooting for you !" How to repay this kind of loyalty -

I am so damn angry - time to revise my resume, I hope the union and labour guys go after them big time. I am not the only one they are doing this to you - there are three others who were screwed over by them with regards to references as well.

We all left, there were just too many things, like one of the mgrs spitting on people when she lost her cool -- arrrrgggghhhh - I want to be able to sue and shut them down.


From: British Columbia | Registered: Nov 2002  |  IP: Logged
Meowful
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posted 17 June 2003 06:44 PM      Profile for Meowful   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Kindred!
I was in the print media too!
Newspaper advertising. I got out of the game. (or rather, I am GETTING out of the game). Although I loved my clients and my job, some the people I worked with were unbearable!
Because I want to remain in sales and marketing, and because I don't want any resume gaps, I must use them in my resume... I just hope that no one calls them.... or maybe that's the reason I have had so few calls (or call backs) from prospective employers.

I recently went back to college and got a diploma in "Computerized Business Systems and E-Commerce." There were many students over 40 (private college.

I also volunteer for a children's charity... this keeps me busy and in touch. Although, this morning, I was feeling pretty low, I am better now.


From: British Columbia | Registered: Jun 2003  |  IP: Logged
Kindred
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posted 17 June 2003 07:27 PM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
some the people I worked with were unbearable
With some people its huge egos, and in a strange way I respect that being a member of a very competetive and top performing advertising team - hell we WERE the team.

Confidence and that ego thing can take you a long way, and when all your appreciative clients are throwing perks at you, well its darn nice. So I cant deny I had a healthy ego -

BUT I would have never stabbed someone in the back, not ever! I can say I dont like such-and-such a person but they do their job well so thats the bottom line.

But back stabbing and sabotage is too often the name of the game in the media with people tying to claw their way upwards over the bodies of the co-workers they have slaughtered, trying to steal clients and so on - and thats bull shit.

When you leave a place they are terrified all your clients will go with you, and I am pleased to say quite a few cancelled their advertising when I left. I had handed them over to another advertising rep, took that person out with me and introduced them and didnt ask any of them to leave because I had - but some of them did -

Before I left I sold ads for the next six months for them, got ad copy in, proofed and ready to go and made sure all my clients were happy and taken care of. And left lists of who was going in where, who to call for what issues - I left a huge paper trail, all someone had to do was step into my slot and maintain client relations. But apparently they couldnt do that --

I am notorious for having a desk buried under reams of paper and back issues, and magazines, and faxes and contracts, and stuff needing to be filed - I spent a month before I left weeding through it all, filing, leaving notes and lists. My desk and files were never in such great order !

I filled out sales sheets for the next six months, with size, orientation, placement, attached all the ad copy and contracts - When I started that job I didnt even have one live client to contact - it was all my hard work that built up the client base I had. And I filled it all in on the computer database - that was bullshit too, our mgr was more concerned with us spending hours filling in info on the data base then he was with us being out in the field selling ads.

He is a total control freak - and having both of us quit at the same time must have made him snap.
I am completely exhausted from all the phone calls and faxes and emails I have received today and answered - but the letters being sent are really uplifting and "feel good making" (sorry when there isnt a phrase in english I lapse into bastardized translated German or something

I am sure things will get better for you, get letters from clients and co workers - I will just tell people not to contact this employer.


From: British Columbia | Registered: Nov 2002  |  IP: Logged
Kindred
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posted 18 June 2003 07:10 PM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
FYI this is from Labour Relations apparently:

quote:
To prove your case you must be able to present sufficient evidence that the statements in fact are:
1) a DELIBERATE misrepresentation of the facts of your employment record
2) that the facts provided intentionally DISTORT the record
3 that the author of such comments knows the comments are untrue, and that the author of such comments is duly charged with the responsibility of providing Human Resources Employee records to prospective employers, and that such author is acting on behalf of your former employer and no-one other
3) that the author of such character reference has conducted themselves with malice of forethought and extreme prejudice and has continued to do so on more than one occasion
4) You must prove:
a) That you have been damaged occupationally, financially, economically, emotionally and psychologically by the erroneous misrepsentation of the facts about your employment record.
b)That damage has occured as a result of a malicious intent
c) and specifically, evidence that you have been denied employment because of the unture and malicious reference they are providing to prospective employers ( this may be hard to do as most prospective employers may hesitate to disclose their reasons unless compelled by a court to state the reason

Being a disabled person who suffers from chronic fatique and pain it seems like a huge undertaking to me. I was so exhausted from yesterdays uproar and all the correspondence that I have slept for over 12 hours straight and still feel exhausted.

The thing that irks me is they knew of my disability, the fibromyalgia, the chronic pain and fatqiue when they hired me and he told the person who phoned several times that I was "always away sick". In actual fact I took four sick "days" in two years. Once with pnemonia so I was off for a week - and on three other occassions as well I was off work for no more than 2 days twice and one day once, each time because of the chronic fatique and pain -- and thats just wrong when they knew full well I was and am considered diabled because of the work accident in 1990. Over a period of 2 years that doesnt add up to a whole lot of "sick days".


From: British Columbia | Registered: Nov 2002  |  IP: Logged
Trisha
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posted 18 June 2003 07:24 PM      Profile for Trisha     Send New Private Message      Edit/Delete Post  Reply With Quote 
Most of what they ask you to prove is unprovable. How can you prove someone knows he's lying or acting with malice or intentionally distorting the record? It's like trying to prove you are not working somewhere or any other allegation against you is wrong. You can't prove it without the cooperation of another person, in your case, the very person who is doing it.
From: Thunder Bay, Ontario | Registered: Apr 2001  |  IP: Logged
Kindred
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posted 18 June 2003 11:21 PM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
There should be a way, and it has been suggested I hire a PI who can give a full report, he or she can phone in for a reference. I have a lot of letters from clients, including cards and letters while I was still working there saying "thank you for the great service". I had emails from my mgr saying what a great job I was doing - but I think I lost those, I have to check and see.

I feel as if I should go to some society for the disabled and get them involved. If they were aware of my disabilities they can hardly trash me for taking a few days off to recupe when I worked evenings and weekends, for a base salary of $500.00 a month.

There are four other people who have issues, from not being paid, to being treated badly by this same company - maybe if we combine forces we can do something. Two others have been trashed when people phoned for references - yet, again, all three of us were long term employees who quit, none of us was fired or let go -- which you would think would be the case if the references were true. One was fired - she demanded she be paid all the money they owed her.


From: British Columbia | Registered: Nov 2002  |  IP: Logged
clersal
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posted 18 June 2003 11:40 PM      Profile for clersal     Send New Private Message      Edit/Delete Post  Reply With Quote 
Maybe just putting your clients comments on your C.V and forgetting about the employer.
When you are asked, personality conflict with the employer sounds reasonable.
It happens to a lot of people. It's the clients the count.

From: Canton Marchand, Québec | Registered: Apr 2001  |  IP: Logged
radiorahim
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posted 19 June 2003 02:20 AM      Profile for radiorahim     Send New Private Message      Edit/Delete Post  Reply With Quote 
Kindred, I would consult a lawyer specializing in employment law.

You're going to need some good solid proof of course that this employer is trashing you when prospective employers call for references.

But given that you've been out of work for a year and suspect that bad references from your previous employer are the reason, and that you have a physical disability that makes getting re-employed more difficult then the average person I would think that its well worth consulting a lawyer.

Why an employer would be so spiteful is beyond me.


From: a Micro$oft-free computer | Registered: Jun 2002  |  IP: Logged
Kindred
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posted 19 June 2003 03:51 AM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
They had a good thing with me and my sales partner, we worked very long hours, we did PR work on the side - we pulled their sales up by more than 65%. They were expanding on the basis of our hard work and were making way more money on their own profit sharing - they expected us to shut up and put up with the treatment we were getting - no recognition, not being paid on time for the work we did, having to fight for what was owed to us, and being treated badly. It reached a point where we WERE rebelling - and speaking out about the treatment.

They tried to pit us against each other, my mgr told me my partner had complained about me being hard to work with, I asked her, she said she hadnt and we confronted the mgr together - She and I started holding "meetings" outside the office and they knew it. We would meet at a local cafe to discuss sales strategies and how to deal with situation at work. Eventually we both left at the same time - and we WERE their sales staff. When we started there were four sales people but in the end it was just us and sales were increasing at an amazing rate with just the two of us - which in itself shows how hard we worked.

When we left it was their entire sales staff leaving and they havent been able to replace us, sales are way down, and they have suffered financial difficulties as a result.

I am going to email my mgr and tell him my employment counselor wants a written reference from him - in fact I may ask my counselor to contact him and ask for it -

I am going to call the Disability Agency people here tomorrow and go talk to them about it too.


From: British Columbia | Registered: Nov 2002  |  IP: Logged
Trisha
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posted 19 June 2003 04:06 AM      Profile for Trisha     Send New Private Message      Edit/Delete Post  Reply With Quote 
Kindred, if you can, get the others that this was done to to come with you to the Labour Board and make a joint report on the guy who is causing all of you more trouble. That will solve some of the proof problems, I think. Any documents you can present will help your case. Good luck with this.
From: Thunder Bay, Ontario | Registered: Apr 2001  |  IP: Logged
Kindred
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posted 19 June 2003 04:15 AM      Profile for Kindred     Send New Private Message      Edit/Delete Post  Reply With Quote 
Thanks Trish - I think we CAN fight this, its daunting on top of health issues and everything else but he isnt going to get away with this - I am going to get my employment counselor to ask for a written reference from him and see how he responds to that -
From: British Columbia | Registered: Nov 2002  |  IP: Logged
Trisha
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posted 19 June 2003 04:30 AM      Profile for Trisha     Send New Private Message      Edit/Delete Post  Reply With Quote 
If you can get enough proof together and the labour board to look at it all, you might even be able to charge the jerk with slander. This would be what he deserves. Can you set up a couple of people to ask for references from him in writing so you could get a copy of what he's saying? That would certainly further your cause.
From: Thunder Bay, Ontario | Registered: Apr 2001  |  IP: Logged
Pogo
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posted 23 June 2003 01:44 AM      Profile for Pogo   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
When I left my last job it was on very poor terms. I sued for severance and took them to court for vacation pay. I was fortunate in that they had fired the sales manager a few months earlier and he gave me a peer reference.

When I went into interviews I was quick to bring it up. I indicated that I had left my last position on poor terms and I was doubtful that I would get an unbiased reference. I supplied previous employers and peer references.

I was lucky. My current employer was very accomodating (they did call an employer from 10 years previous as due diligence). The fact that I aced the aptitude test (poorly designed one, but hey it got me a job) also helped.

One thing that I did when I was job hunting was to find a non-job hunting activity to focus on one day a week. That way it isn't the alternative of job hunting or couch potato. It also helps one to remind oneself that yes I have talents, something which endless rejection can cast a pall on.


From: Richmond BC | Registered: Aug 2002  |  IP: Logged
Mycroft_
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posted 23 June 2003 02:34 AM      Profile for Mycroft_     Send New Private Message      Edit/Delete Post  Reply With Quote 
Getting a lawyer to send your ex employer a nasty letter would probably be enough to stop them from giving a bad reference.
From: Toronto | Registered: Feb 2002  |  IP: Logged
BleedingHeart
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posted 27 June 2003 04:00 PM      Profile for BleedingHeart   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I once left a hospital apparently on good terms only to find out that every hospital that I applied to was contacting them for a reference and that the Medical Director was sending an extremely bad reference. I only found this out months later when an administrator showed me the letter and asked me to comment on it.

When I challenged this Medical Director, I was told no such letter had ever been sent.


From: Kickin' and a gougin' in the mud and the blood and the beer | Registered: Nov 2002  |  IP: Logged
Michelle
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posted 27 June 2003 08:56 PM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
See, this is a good reason to ALWAYS check your references before giving them to someone.

It's amazing how many people will put their former boss's contact information on their references without CALLING their former boss first and asking them whether they would be willing to give them a good reference.

Maybe it's different for hospitals, I don't know. But we used to hear this story all the time from people when I worked for employment counsellors - that people thought maybe their former employer was giving them a bad references. When asked whether they contacted their former employers to see whether they would give them a good reference, the answer was often, "No."


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged

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