I had posted here a month or so ago. My manager likes to play games, he would never fire me, but he likes to push me to the point where I'm ready to walk out the door. I was told by the owner of the business i work at that they were concidering me as a replacement in the headoffice. My immediate supervisor has done everything within his reach to keep me from being sent there, everything from rumors, to refusing to deal with me on a business basis. Please help, what kind of recourse do I have in this situation? I have been with this company for 8 yrs, I just think hes carrying his power struggle a bit far, and I'm tired of fighting it. :confused:

I've read your original post and the current post and do not see any hint of discrimination as per the legal definition. Discrimination results from being treated differently because of membership to a protected class (i.e. race, religion, national origin, etc.) Here is a link to EEOC: http://www.eeoc.gov/. Feel free to visit at your leisure. You'll be able to read up on what constitutes discrimination.

The recourse you have in this matter is internal. Since your boss is the problem, maybe it's time for another chat with the higher-ups.

Talking to the higher ups, seems to fall on deaf ears. It has gotten so bad that I've sent out resumes, and I do think that they are saying bad things when are called upon to check my job quals. Sad, really sad, I use to really love this job. :(

Sherrie, why do you think you're being given negative references?

Because since the day I started working for the company, my immediate supervisor has liked to play control games, stir the pot with rumors, and in general keep things at a dramatic level. I think he's giving these references to keep me from moving on. He doesnt want to lose his puppet on a string. Besides that fact, I am the only one who knows how to correct mistakes made by others, and am always willing to help out when needed. He has lupus, and I think its starting to affect him mentally.

Okay, let's go at this another way. Are you being called for interviews and then not hearing anything further, or are you not being called for interviews?

Not being called for interviews, the companies I have applied to check work background before even calling you, My resume is sound, up to date, and full of experience. I even have letters of personal references that go above, and beyond the average.

Do they give you the option of not contacting your current employer? Some companies respect a request to not contact if you are still employed.

Yes they give the option, but when I put out these resumes I didnt think there would ever be a problem like this, and I've never made it a secret that I'm looking for a new job. I was told that even if someone called for a reference, they couldnt say bad things about you, was someone wrong in telling me this?

*Yes* they were. An employer can say whatever they believe is true with respect to references. While most only confirm dates of hire and position, an employer may give additional information if they so choose. The key is they can say what they *believe* to be true. It doesn't matter if your interpretation of the facts are different.

You do realize that this is a very crappy deal? When will VA look out for the rights of the worker? Not in my life time I guess. Thanks for all your help...

I don't disagree. I think it will be a long time coming where there is an equilibrium in worker rights and employer rights. Many states have little or non-existant labor code. Much work still is left to be done. I suppose this is part our own fault as our forefathers have encouraged a laissez-faire system.

We ourselves never see a problem with it until it affects us personally. So basicly I'm stuck until someone takes a chance, and puts a little faith in me?

Frankly, yes, you are. Being fired is not the kiss of death in your career. OTOH, no employer is required to offer you a job. It'll come.

If you have others who are willing to be good references for you, then one negative reference really shouldn't hurt you. I'd also be very surprised if anyone checked references before an interview. Reference checking is tedious and far more candidates are turned down at the interview phase rather than on the basis of references.

If this one person isn't very complimentary, you could always approach that person's boss or someone else in management to be your reference there. That is far from an unusual occurrance. Alternatively you could approach HR about only verifying the dates, salary and title and list that number on applications.

Sherrie, if you are not being called for interviews I will guarantee you that your employer has nothing to do with it.

Contrary to what an astonishing number of people believe, prospective employers do NOT call for references before deciding whom to interview. No one has the time and resources for that. No employer calls for references until they have already interviewed you, and everyone else they are planning to interview, and have determined that you are one of the top candidates.

Agreed.

The only reason I ever asked for references prior to interviews was to thin the herd. If you couldn't provide good references for a number of previous employers, then I chucked that resume.

I never called the references until after I had interviewed the applicant.