grode
10-21-2007, 04:28 PM
I am not sure if I am posting this in the right forum, but I have a question about how I should act if I had the following events happen...
I am currently employed with a new employer. I was working for another Japanese company for 12 years prior to that. They laid me off in April 2007. This new Japanese company was very interested in having me join their team and I was interested in working closer to home.
I had received a verbal offer to work for a Japanese company. During my negotiations with them, I had asked for some extra consideration on more vacation time.
I was waiting for their response. Once I got their response, I found out that they were going to withdraw their offer to me. Then, they proceeded to tell me why the withdrew their offer. The person told me so that I would know why they were not hiring me so that I would be aware of the situation.
They told me that their Japanese executive had called my old Japanese employer to find out more information about me. During this conversation between two Japanese managers, there were things brought I got the story from an American who was planning on hiring me. He was very disappointed about the events that happened.
They told my potential employer that I my performance was non-stellar, they were extremely uncomplementary, and they said that I was more interested in taking my vacation time than getting the job done. I didn't get direct quotes from the American trying to hire me, but I did get feedback that stated that my previous employer had been trying to get rid of me for a long time (note that I worked there for 12 years and I uprooted my family from another state to move to Arizona to be with the company in January of 2006).
When I signed my severence agreement, I agreed not to sue them for laying me off even though they replaced me with a visa holding Japanese employee. I agreed to this. And, they told me that if anyone were to call to find out about my employment there, they would only answer that I had worked there from July 1995-April 2007. They would also only indicate that they laid me off due to a reorganization that eliminated my position. They assured me that this is all that would be stated if a potential employer called.
They have great reviews from my customers and they felt great about my interviews, but now that they have heard from one person at my previous company, they no longer want to hire me. Do I have anything that I can do to correct this action? It was my understanding that an employer cannot tell another potential employer anything other than the time period that I worked there. So, is this defamation of character and a breach of contract?
I did not authorize them to call my previous employer nor did I use anyone from my previous company as a character reference even though I had those that worked with me on a daily basis that were willing to be a reference for me. The manager that spoke badly of me had only worked with me for about 2 years and he didn't have any background as to what I had done previously. I do admit that our styles clashed.
This new job would have been a great opportunity for me. Not only am I disappointed, but one of my old customers is very disappointed that I will no longer have the opportunity to work with them again.
Thanks for your help. Please advise me to whether or not this is something that I should pursue and who I should contact (EEOC, labor lawyer, etc.)
I am currently employed with a new employer. I was working for another Japanese company for 12 years prior to that. They laid me off in April 2007. This new Japanese company was very interested in having me join their team and I was interested in working closer to home.
I had received a verbal offer to work for a Japanese company. During my negotiations with them, I had asked for some extra consideration on more vacation time.
I was waiting for their response. Once I got their response, I found out that they were going to withdraw their offer to me. Then, they proceeded to tell me why the withdrew their offer. The person told me so that I would know why they were not hiring me so that I would be aware of the situation.
They told me that their Japanese executive had called my old Japanese employer to find out more information about me. During this conversation between two Japanese managers, there were things brought I got the story from an American who was planning on hiring me. He was very disappointed about the events that happened.
They told my potential employer that I my performance was non-stellar, they were extremely uncomplementary, and they said that I was more interested in taking my vacation time than getting the job done. I didn't get direct quotes from the American trying to hire me, but I did get feedback that stated that my previous employer had been trying to get rid of me for a long time (note that I worked there for 12 years and I uprooted my family from another state to move to Arizona to be with the company in January of 2006).
When I signed my severence agreement, I agreed not to sue them for laying me off even though they replaced me with a visa holding Japanese employee. I agreed to this. And, they told me that if anyone were to call to find out about my employment there, they would only answer that I had worked there from July 1995-April 2007. They would also only indicate that they laid me off due to a reorganization that eliminated my position. They assured me that this is all that would be stated if a potential employer called.
They have great reviews from my customers and they felt great about my interviews, but now that they have heard from one person at my previous company, they no longer want to hire me. Do I have anything that I can do to correct this action? It was my understanding that an employer cannot tell another potential employer anything other than the time period that I worked there. So, is this defamation of character and a breach of contract?
I did not authorize them to call my previous employer nor did I use anyone from my previous company as a character reference even though I had those that worked with me on a daily basis that were willing to be a reference for me. The manager that spoke badly of me had only worked with me for about 2 years and he didn't have any background as to what I had done previously. I do admit that our styles clashed.
This new job would have been a great opportunity for me. Not only am I disappointed, but one of my old customers is very disappointed that I will no longer have the opportunity to work with them again.
Thanks for your help. Please advise me to whether or not this is something that I should pursue and who I should contact (EEOC, labor lawyer, etc.)
