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Blacklist Question Texas Texas

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  • Blacklist Question Texas Texas

    I used to work at (large chain store) and then quit voluntarily. In an act of STUPID retributition, I tried to slander another associate I use to work for. The management found out it was me. They threaten me in saying if I didn't stop that they would give it over to their legal dept. and give the info to the associate so they can file slander criminal charges. But they said they would put me on the blacklist instead of the charges. With my current financial, emotional, and physical condition, I would rather have the blacklist than being sued. They said that being blacklisted means I cannot be hired AT ALL at (the chain I worked for) (not an extreme loss but ENOUGH to learn my lesson) and any big name stores (where the store manager listed (multiple competitors of my employer), etc.) I thought with being blacklisted means a negative reference from them. Does it mean I can't be hiring at any of those stores? Is there any way to get off the blacklist? And lastly, is it the end of the employment world for me? I am only 21 and currently a fulltime student. If anyone can give me some insight, I'd appearciate it.
    Last edited by NarutoUzamaki; 12-27-2010, 08:20 PM.

  • #2
    They're BSing you. There is no such thing as criminal slander. Have they put any of these threats in writing? If so, I'd report it to their corporate headquarters, which should put a stop to it. As for them 'blacklisting' you, they can certainly do it with their own company, and with others, but most large companies have pretty strict policies about things like that, and I doubt they'd be calling other stores to blacklist you, and the other store might not actually participate.

    I think they're just blowing hot air. BTW, who is this 'they'? Personnel? Your former supervisor? Store manager? Just curious, but I bet they could get in trouble for this.

    Another question: was any of this in writing? What you said and what they're saying.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      Das ist in der Doktor!

      The word blacklist has stirred many a debate here at the forum,
      rather than pour gasoline on that fire, let me say that a former employer is not bound by any laws as to what they can say about you, to a perspective employer.
      Think of the word Blacklist, as a metaphor, a figment of a paranoid imagination.
      A blacklist is not something passed around, kept on file, or held in one’s hand to be shared behind your back.
      If such a thing was found to exist, there would be another name for it,
      it would be called,
      ….EVIDENCE
      ..___________________________
      ~ Nothing is foolproof,
      to a sufficiently motivated fool.~ Benjamin Franklin

      Comment


      • #4
        Originally posted by Alice Dodd View Post
        They're BSing you. There is no such thing as criminal slander. Have they put any of these threats in writing? If so, I'd report it to their corporate headquarters, which should put a stop to it. As for them 'blacklisting' you, they can certainly do it with their own company, and with others, but most large companies have pretty strict policies about things like that, and I doubt they'd be calling other stores to blacklist you, and the other store might not actually participate.

        I think they're just blowing hot air. BTW, who is this 'they'? Personnel? Your former supervisor? Store manager? Just curious, but I bet they could get in trouble for this.

        Another question: was any of this in writing? What you said and what they're saying.
        The things I wrote is in writing. The store manager sent me a email and I talked to him on the phone. I sent an apology and he said he'll send it to corporate. He said after that, it was out of his hands. At this time, I was close to having a panic attack. He assured me that it is not as serious as like a fight or assault and corporate usually follows the recomendation of the store manager (he said not to follow through). The word "Usually" is still scaring the crap out of me. Cuz I sent three store comments trying to badmouth my ******* supervisor. They found me out by my IP address. The manager was telling my brother, who also works there, that they can issue a warrant to take my labtop as evidence. I'm kind of on edge because of this. I just need some words of reassurance that I'm not gonna be sued.

        Comment


        • #5
          Also, I know they won't call other stores to badmouth me, but do major stores use the same background checking system as this store? I do know not to place the store in my resume anymore.
          Last edited by NarutoUzamaki; 12-27-2010, 08:09 PM.

          Comment


          • #6
            Originally posted by Alice Dodd View Post
            They're BSing you. There is no such thing as criminal slander. Have they put any of these threats in writing? If so, I'd report it to their corporate headquarters, which should put a stop to it. As for them 'blacklisting' you, they can certainly do it with their own company, and with others, but most large companies have pretty strict policies about things like that, and I doubt they'd be calling other stores to blacklist you, and the other store might not actually participate.

            I think they're just blowing hot air. BTW, who is this 'they'? Personnel? Your former supervisor? Store manager? Just curious, but I bet they could get in trouble for this.

            Another question: was any of this in writing? What you said and what they're saying.


            Question: How could this store get in trouble for the three forged comments I sent on the store's website?
            Last edited by NarutoUzamaki; 12-27-2010, 08:09 PM.

            Comment


            • #7
              No, they can't issue a warrant to confiscate your computer. It is not a criminal offense, and warrants are only issued by the courts in criminal matters. The most they can do is badmouth you to anyone who calls them for a reference. However, I think their corporate offices might be interested in them threating you with criminal action,when it's at best a civil matter.

              BTW, please edit your post to delete the name of the company you work for. And quit telling people the company name. By posting their name, you're only adding fuel to the fire. AND it violates forum rules. Thanks.
              I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

              Comment


              • #8
                It is a really bad idea to reference the employer's name in your posts. You might want to edit it out.

                ------

                Past that, I agree with the other comments:
                - Slander is civil, not criminal. Basically the person you disparage can try to sue you for actual damages.
                http://en.wikipedia.org/wiki/Slander
                - Employers can say anything that they think is true. You have given your former employer a lot of bad things that they can legally say about you.
                - I am not going to say that blacklists never ever exist, but I am fairly skeptical in this case. HOWEVER, we are in a bad economy right now. There are a lot of reasons to not hire a particular person that have nothing to do with so-called blacklists. File the resumes. Works or it does not. Generally speaking the more resumes you file, the more likely you will get a response. Past that, spend a few bucks and make sure that you have a well written resume, and that you know how to interview. Occam's Razor - the most likely explanation for a result is likely the correct explanation. And blacklists are rarely the most likely explanation. If you are not getting responses on your resumes, either a bad (as in poorly written) resume or tons of better qualified competing candidates are both more likely explanations - most of the time.

                ------

                Past that, hopefully a lesson learned. Venting at current/former employers almost never improves your situation.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  Originally posted by Alice Dodd View Post
                  No, they can't issue a warrant to confiscate your computer. It is not a criminal offense, and warrants are only issued by the courts in criminal matters. The most they can do is badmouth you to anyone who calls them for a reference. However, I think their corporate offices might be interested in them threating you with criminal action,when it's at best a civil matter.

                  BTW, please edit your post to delete the name of the company you work for. And quit telling people the company name. By posting their name, you're only adding fuel to the fire. AND it violates forum rules. Thanks.
                  Sorry, I didn't know not to put the store's name. Thanks. But I made a mistake, they didn't say criminal....I added that. *slaps forehead* The store manager said if I continued to do such comments, he would turn it over to the corporate legal dept and turn the info over to the guy I was trying to badmouth so he could file slander and defamation of character charges with local law enforcement. I'm not going to do it ANYMORE but do I have something to worry about? The email had two of the three comments I sent and when I called him I told him about the third. He sent an email notifying about the third. I'm starting to worry about it I think I'm about to have panic attack now. How worried should I be?

                  Comment


                  • #10
                    How worried should I be?
                    About shooting your mouth off? Not very worried. About your future ability to keep your mouth shut when what you're saying is to your detriment? That's up to you. About your ability to find a job? The economy isn't so great. Not being able to use your last employer as a reference doesn't help. On the other hand, most people who get jobs that I know of do so through networking. The job I have now is from a referral from a friend. These are the best kind.

                    You might want to reflect a bit on acting more professional on the job, and setting your job performance to be better than everyone else's, without being obviously a brown nose, and using better judgment on what you say. Don't look at what other people get away with and decide you can do that too, aim to be better and learn skills from your job that can move you forward into your next position.
                    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                    Comment


                    • #11
                      Thank you VERY much for your help. I was telling my brother about you, who is worrying for me. He says pretty much anybody can put answers on blogs. Could I ask what kind of credentials you have?(No offense) Also, what can the store's corporate legal dept do to me?
                      Last edited by NarutoUzamaki; 12-27-2010, 09:46 PM.

                      Comment


                      • #12
                        Das ist in der Doktor

                        Originally posted by NarutoUzamaki View Post
                        Thank you VERY much for your help. I was telling my brother about you, who is worrying for me. He says pretty much anybody can put answers on blogs.
                        Then your brother is misinformed. Blogs are what they are, please see the definition of what a blog is, that has been posted in the blog section. You and your brother may find it enlightening.


                        Could I ask what kind of credentials you have?(No offense) Also, what can the store's corporate legal dept do to me?
                        That question has been answered.
                        The store's corporate legal dept. will likely do nothing to you,
                        you seem to be pathology driven to do it to yourself.

                        I would suggest you concentrate less on the credentials of those who are here trying to help you and more on the sound advise offered.
                        It should suffice to say, that the majority of those who volunteer here,
                        have what you lack, that would be many more years of life experiences from which to draw upon in both the private and professional sectors.
                        Good luck.
                        .._____________________
                        ~ There are three kinds of people:
                        There are the ones who learn by reading,
                        the few who learn by observation, and then there are those who have to pee on the electric fence
                        and find out for themselves.
                        Last edited by drruthless; 12-28-2010, 12:38 AM.

                        Comment


                        • #13
                          Yea, very true. I didn't mean anything by it though. I just wanted to answer my brother's question. Also, no offense again, but what did you mean "you seem to be pathology driven to do it to yourself"? Do you mean the fear I have for being sued is eating away at me when I shouldn't because it isn't a huge deal. It's still a deal, but not huge. Right?

                          Comment


                          • #14
                            Originally posted by NarutoUzamaki View Post
                            Also, I know they won't call other stores to badmouth me, but do major stores use the same background checking system as this store? I do know not to place the store in my resume anymore.
                            There's no background checking "system" - i.e. no database these employers or any employers use to access a list of individuals who shouldn't be hired. The normal way of doing reference checks is for employer A to phone employer B (where the applicant used to work) and ask questions. Employer A is free to say "no, we wouldn't hire him back because of ...." That's probably what will happen.

                            Employer A is fully within their rights to refuse to hire you at any of their locations.

                            Comment


                            • #15
                              People tend to use the word "blacklist" incorrectly. If a company decides you are not eligible for re-hire, yes you will go onto a list of people who cannot be re-hired, but that's not a blacklist.

                              The company can also decide to give you a bad reference if any prospective employers contact them. This is also not a blacklist, it's just a negative reference.

                              Slander & defamation, as stated above, are civil issues, so no one can go to "law enforcement" and "file charges" against you for defamation. Law enforcement gets involved in criminal issues, not civil. If the person you slandered wants to go after you, he will have to get a lawyer, pay money, and then sue you for defamation. This costs money and time, and he'll have to prove that you knowingly stated something false about him and that this statement caused him real damages.

                              If your statements in the e-mail were not so much slanderous as threatening, then there is the possibly that criminal charges can be filed against you for making terroristic threats or even stalking.

                              The "pathological" statement appears to refer to the fact that it was your own behavior that caused this whole problem. People who do such things and don't learn from the experience tend to repeat such behavior and keep getting themselves into trouble. You should consider yourself fortunate at this point that all they did was say you can't be re-hired, and make empty threats about legal action. WALK AWAY, quietly, and learn a lesson from this experience. Otherwise you'll be in the same position over & over, and you'll be posting here at the age of 40 about how no one will hire you and the "man" is keeping you down.
                              Last edited by TSCompliance; 12-28-2010, 08:20 AM.

                              Comment

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