driftingcanoe 07-08-2008, 07:43 AM I've been blacklisted by one of my former employers for reasons I don't know. I contacted them and they said they only made neutral statements about me, and then they slapped my with a no contact from a lawyer. During an Interview at a company with 3 people in it, excluding myself. A person was dressed with a shirt from my former company and drinking from a coffee mug from my former company. Out of no where, he says he wanted a 'piece' of me as soon as he saw my resume. I was taken back by it and I didn't ask why. Then he says he knows my former boss and his family and the ceo and his family. I really don't what to say. I didn't get the job. I suspect they might have done it to other employers, but I have no proof. Are they liable for financial damage they have caused me? Do I have a case? If it's weak, why?
Also, some history about me and the company. I don't think it comes into to play, but I think it's important. After being there for six months, without warning they took my job without severance. Stating that they were looking for someone with more experience. I asked for a task that gave them reason. My manager said I struggled on a task that was 3 months ago. I asked them why didn't they do something 3 months ago. No reply. I know Texas is an at will employment, and they can do this legally. But can I roll this up with my blacklist?
Thanks!
Blacklisting is illegal in all 50 states. The case may be weak because blacklisting is hard to prove.
JoeC
driftingcanoe 07-08-2008, 07:54 AM Is there anyway I can get them to stop?
ElleMD 07-08-2008, 08:07 AM I'm not sure I follow how your employer is blacklisting you. It sounds more like the interviewer has some sort of issue or connection with your former company. That is not illegal. It actually sounds like your former employer might have been part of the reason you were selected for an interview.
It would also be legal to both fire you for not being as knowledgable as they would have liked as well as share that as the reason you were terminated. It is much more likely that this one employer simply found another candidate more qualified.
From what you shared you were let go from an employer because they felt your experience was not up to par. You interviewed somplace else where one of 3 interviewers knew your old boss/CEO. You were given a nuetral reference and askled not to contact the former company in the future. Where is the defamation?
Let's make sure we're all on the same page, sematics wise. I've had far too many people tell me they were being blacklisted when what was actually happening was that they were being given a negative references. Blacklisting is illegal - giving a negative reference is not.
SPECIFICALLY what is it that you are considering blacklisting?
driftingcanoe 07-08-2008, 08:21 AM Why did the guy in the interview say he wanted a 'piece' of me? Something that comes out must come in. As far as them letting me go, I feel it's unethical. I would not take someones livelihood away from them without a good reason. i.e. I couldn't do the job.
And why are they denying it? You are allowed to say negative statements as long as they are factual.
All I'm saying they are a lot of things pointing to this company saying something negative about me.
driftingcanoe 07-08-2008, 08:28 AM Isn't that black listing me? Someone making strong negative comments during the interview. Maybe he stopped me from getting a job there?
And saying negative things about you is NOT automatically blacklisting.
Now if, for example, the employer were calling up potential employers unasked and telling them that they'd be receiving an application from you and they should not hire you under any circumstances, that would be blacklisting. But giving a negative opinion when asked for it is not.
That's why I'm asking you, specifically what is he doing that you are calling blacklisting? I can't tell from what you've posted what is happening and that makes it very hard to say if there's anything illegal going on or not.
Contact an attorney it could be either blacklisting,or defamation.
JoeC
cyjeff 07-08-2008, 08:31 AM We are not mindreaders. We do not know what is meant by the phrase "a piece of you". However, it is obvious that he was wearing the shirt and carrying the mug to rattle your cage.
Sometimes, people will do that in an interview to see how you respond. They may even say they know the CEO of your former company to see if you start backpedaling on the points of your resume or your statements during the interview.
All are legal interview tactics.
Again, a company CAN give you a negative reference as long as the statements made are opinion, the truth, or honestly believed to be the truth by the person saying them.
You may say it is unethical to fire someone without a good reason. I may agree. However, the law doesn't care.
ElleMD 07-08-2008, 08:34 AM Isn't that black listing me? Someone making strong negative comments during the interview. Maybe he stopped me from getting a job there?
Um, no, not even close. I don't see how saying he was interested based on your former employer and stating he is friends with the CEO is a strong negative comment about you. The interviewer not liking you isn't even blacklisting. It is called selecting the best candidate. He doesn't have to like you. If he doesn't like you, even if it is because of where you used to work, that is his right and it is perfectly legal. It happens every single day. You have 20 candidates for a position, interview 3 that sound promising and you reject the 2 you like the least. How else do you think the hiring decision is made? Names out of a hat?
cyjeff 07-08-2008, 08:40 AM Let me put on my Unca Jeffy hat.
Most businesses are a lot more connected that people think they are. The industries I have worked in the most... Retail, Software and Consultants... are almost incestuous.
Everyone knows everyone... and has worked with everyone at some point. The joke is we are 7 steps from Kevin Bacon, but 2 from anyone in the industry.
It is not uncommon for an interview to be a reason to reestablish touch points with a former collegue. As long as that conversation was initiated by the person at your NEW potential employer, it is perfectly legal.
driftingcanoe 07-08-2008, 08:42 AM I understand that we are not mind readers. 1) I can argue the case my former employer said something negative about me. 2) I can argue my company is unethical, and I can use that against them 3) Why are they denying making negative statements.
I'm asking how strong it is?
cyjeff 07-08-2008, 08:48 AM I understand that we are not mind readers. 1) I can argue the case my former employer said something negative about me. 2) I can argue my company is unethical, and I can use that against them 3) Why are they denying making negative statements.
I'm asking how strong it is?
You don't really have a case.
1. There is nothing illegal in stating a negative truth about a former employee. You have not mentioned where your former employer was reaching out to other potential employers.
If they called HIM, then you have no case.
2. There is nothing illegal in what you believe is unethical behavior. There is no case here.
3. They are not denying anything. Sometimes a neutral statement looks like a negative when all the other applicants have positive statements.
All that they really want to do is stop talking to you. And if you did something silly like threaten them or accuse them of "unethical" behavior, you can bet that FUTURE reference calls will be worse.
If you think you have a case, contact a lawyer.
You have no chance, but maybe it will make you feel better to hear someone you are paying in 6 minute increments that you have no case.
driftingcanoe 07-08-2008, 08:50 AM I agree he could be interviewing for the best candidate, but there is something going on there. And I would like to know what exactly it is. No one is telling me.
driftingcanoe 07-08-2008, 08:51 AM Thanks for the brutal truth :). I had to find out if I had one or not.
cyjeff 07-08-2008, 08:51 AM I agree he could be interviewing for the best candidate, but there is something going on there. And I would like to know what exactly it is. No one is telling me.
Some questions may never be answered.
They certainly didn't tell US either.
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