Background info: My husband worked for a 'major software firm' in Washington state and in 1997 was recruited aggressively by a 'major computer manufacturer' in Texas. He moved from Seattle to Austin to accept the position as a Sr. Project Manager in Aug 1997. He enjoyed his job tremendously and repeatedly received very high rankings in evaluations and was being mentored for a Director level position. At a time when layoffs were rampant, he remained employed, managing 20+ developers and three managers.

In the Spring of 2000 one of his employees (a manager of a smaller group) made a comment that ultimately had him written up. The HR manager had an obvious dislike for the other employee and did everything in her power to convince the management that he should be let go. My husband defended the employees work ethic and value to the company, although acknowledged the employee did not act as a manager should. As a result the employee accepted a demotion and no longer had direct reports.

This push back and refusal to 'manage out' and employee made the HR manager very upset and put a target on my husband's back. Not a good thing.

A couple of months later my husband got a call from his Director asking him to come to his office immediately. Upon his entry, he found the Director, the HR manager, and another HR employee waiting on his arrival. Without any advance indications, he was told he was being put on mandatory two week paid leave while they investigated charges. WHAT?? No other information was provided, he was escorted to his desk to retrieve his personal belongings and was escorted out.

During the two weeks, he spoke with several of his employees, peers, and managers, all of them shocked, and some of them who had been contacted to provide statements to the review board -- all of them speaking positively to my husband and his work.

At the end of the two weeks, he was asked to come in to his manager's office. Feeling certain that the statements provided would have given him the thumbs up, he was devistated to learn that he was being terminated. The HR manager stated that an anonymous letter had been submitted to the Ethics Line occusing my husband of sexual harrassment. My husband denied these allegations 100% -- and the statement was made that none of the statements from employees could confirm any misconduct, but that it 'really didn't matter' because the reason he was being terminated was because he was recruiting for another company. Puzzled, he asked what she was talking about -- and he learned that a prior employee of his had stated that my husband offered him contact information for another employer. In truth, this employee had come to my husband disgruntled with his job and my husband encouraged him to speak with his manager, but did tell him that if he was truly that unhappy, he could give him the contact info the company I was working for. He denied the newly formed charges of 'recruiting for another company' and was terminated on the spot.

Now...here we are six years later, unemployed once again as a result of start-ups failing to survive, and unable to land a position. And we firmly believe that a major contributing factor is that negative information is being provided by his former employer.

His resume lists other employers since his departure from the company in 2000, he has glowing references and testimonials to his work ethic and qualifications. He has had interviews that have seemed to have gone very, very well, then seem to fallen through the cracks. When asked, he's told potential employers that his departure from the company was not amicable and unjustified.

My husband has a profiessional website to aid in him locating a new position. On the website we have a statcounter set up. Recently, following two different interviews with two different companies, there have been hits from his former employer. In both cases, the hits to the website have been within one day of the interview. In both cases, the interviewer had also previously worked for the terminating company. I do not list the terminating company as one that can be contacted.

However, when I am told that I have not been selected for a postion I've interviewed for, I have never been given any information that would lead to contact being made with the terminating company. I find it unlikely that it's a coincidence.

Do I have rights to know what is in my file and what is being told potential employers?

Upon request, are they required to provide me copies of my employment folder?

Do I have any ability to put an end to negative statements -- especially those that have not been validated or justified during the two-week investigation?

How many years can a prior employer provide statements?

In the past six years, we have accepted employment in Oregon and Florida, because the positions that he's qualified here at home in Texas just don't seem to come through in the end. We're becoming more and more convinced that it's because of his termination so long ago -- everybody has a friend that works at this company -- so many ways to get info on the sly.

Signed...

Blacklisted in Texas

Do I have rights to know what is in my file and what is being told potential employers?

No, you do not. While some states allow you access to your personnel file, TX is not one of them. This is another thing that will change when some enlightened president appoints me Labor Secretary, but as of now it's up to the individual states, and Texas has seen fit to let the employer decide if you can see your file or not. No state grants you the guaranteed right to know what is being said to potential employers, and some states, if I recall correctly, specifically say that you cannot.

Upon request, are they required to provide me copies of my employment folder?

No. See above.

Do I have any ability to put an end to negative statements -- especially those that have not been validated or justified during the two-week investigation?

First, you have no proof that negative statements have been made at all. Second, despite a persistant and widespread belief to the contrary, negative references are not illegal. An employer is allowed to state anything that is true, or anything that represents his honest opinion. If his honest opinion is negative, he is allowed to say so, whether you think it justified or whether he can "prove" his opinion is correct or not.

He is NOT allowed to say anything that is FALSE; however, you need to understand what is false. "June was fired for stealing" is false. "I didn't think June did a very good job on the Johnson account" is his opinion, which he is allowed to state, even if you think you did a fantastic job on the Johnson account, and even if the Johnsons agree. (In which case, I would suggest using the Johnsons as a reference, and yes I mean that sincerely and without sarcasm.)

If you have EVIDENCE, rather than supposition, that they has provided FALSE references AND that this information DIRECTLY led to employment being withheld, then you *may* be able to take legal action. Otherwise, you cannot prevent them from stating what they honestly believe to be true, even if you disagree, and even if you can provide 1000 other people who disagree.

How many years can a prior employer provide statements?

As many years as they choose. There is no law in any state that limits an employer to only giving references for any particular number of years.

Thank you so much for the fast reply. Your response spurs another question.

The HR manager, and the firing manager are no longer with the company. This is a very, very large company. Let's assume there are negative comments in the record and that these comments are being provided to potential employers. Is there nothing one can do to have the opinions of one mad HR director wiped from the records, when she is no longer with the company? I mean...if there are negative comments, then they are the unsubstantiated opinion of an employee no longer with the company. How can this be right??

I just find it so hard to believe that there is nothing one can do so many years later to clear one's record of the rath of an upset HR manager.

Again, you have no evidence that there even ARE negative comments in your file, or being provided to potential employers. But no, barring a subpoena issued by a judge (and you won't get one without FAR more evidence than you have) you cannot force the employer to remove anything from your file.

We had this question in one of the other forums recently as well. To be perfectly honest, one negative reference from six years ago is not likely to prevent someone from being employed. After all, he has found other jobs since then and the reference didn't hurt him then when it was more current. You don't even know that these other places have contacted this employer. If the interviewer was a former employee of the same place it is possible that they called. That something negative was shared, and that it was false and that it was the reason you weren't chosen, is pure speculation.

It is entirely possible that the downturn in the economy, the dot com bust, or other candidates who were just more qualified were chosen is to blame.

If I were you, I would have a friend call and do a reference check with this employer just to see what is said.

Most large companies only give title, dates of employment and sometimes rehire ability. Legally they can give lots more, but it's just too much work to be honest, so they stick to a few facts and are done with it.