About a month or two ago I worked for an insurance company. They had me selling and quoting auto insurance illegally so I looked for another job. I did not warn them of this because they would have fired me on the spot. One day about $600 dollars came up missing from our draw and it went under investigation. It got to the point to where a lie detector test was ordered. I agreed to the test and signed a written agreement. The day before the test my boss called a meeting for all employees. By the way, my boss and I were the one's under investigation for theft. She made the comment out loud in front of everyone to me that I looked like I had something to say. I told her I told her I didn't. She kept on and on. i finally told her if she was accusing me to come out and say it. She said nothing. I told her it didn't matter because I was giving my 2 weeks notice because I was looking for another job. She immediately called the owner and they terminated me on the spot. Well, I went to the business to have a piece of paper signed stating I no longer worked there. The manager at the loan company next door called me over. These two companies are owned by the same individuals. She told me a month after I left that a manager's meeting was called. I was the main subject. They said that they were glad to get rid of me since I stole thousands of dollars from the company. The lie dectector test that I was supposed to take was never done. They told me not to come for it. This way I had no way of proving my innosence. Now they are saying I stole way more money than what was missing. A week after I left supposedly some more money came up missing. I guess I took that too. I have had several interveiws and have had yet to get a job. I don't know if they are giving false statements on reference calls but I have never had a problem getting a job before. Is there anything that I can do about them saying false things about me? If so where do I need to start?

I think slander would be a tough allegation to establish. That would essentially require that you establish that the employer knowingly told someone false information which damaged you. You may be damaged, but the employer has a pretty good case that they believe you were involved with theft from the employer. You'll need legal advice for that, and an attorney who is familiar with the facts as well as the law.

As to any potential reference, the Texas Labor Code, in § 52.031 includes a provision which prohibits "blacklisting." This is where an employer "conspires or contrives by correspondence or any other manner to prevent an employee discharged by a corporation, company, or individual from procuring employment." However, this provision does not prohibit an employer from disclosing any truthful information or valid opinion about your employment. Again, an action here is probably a stretch.

Further, you say you don't know if this employer is giving a bad reference. It's a difficulty to establish that someone is doing something in violation of the law, if you don't know what they are doing. You will need to verify that a reference is the reason you are not getting a job before this is actionable.

I have known of employees who received a bad reference to either negotiate with the former employer or have an attorney send them a strongly worded letter to the effect that if the employer did not cease disclosing the contested information, the matter would be pursued 'vigorously'. Most employers would rather shut their mouths than face the cost of a legal defense, even if they feel that they could prevail. Again, you should consult an attorney for advice here.

You could always have a friend phone your former boss and ask for a reference and see what is said.

You might want to go to Radio Shack and get one of those telephone mics to record that conversation, I think they only cost like $5. It sticks on the back of the phone and then plugs into a standard tape recorder.

Before you do that, be certain it's legal in your state.

Before you do that, be certain it's legal in your state.

It is legal in Texas - as long as one party knows, if you're doing the recording, then you know, or if your friend is doing the recording, then they know.

A friend of mine is a family law attorney and told me about this.