joshuatest

Hey guy's,

Anybody on here in the legal field?

i will give a real brief idea of whats going on....

I worked for a company for a couple years as a Manager of differant levels... I was a Regional, managing very few stores, and the company wanted to close a couple of the locations, which meant my job would either go away, or I would take a step down... They offered a somewhat profit share type position as a "contractor" type deal or sub-dealer to opporate those locations for them, as there stores. I really didn't want the step down in pay, and didn't have any other job offers at the time, so i did...

But soon after the change took effect, the deal, or arrangements started to change... After a couple months, i emailed them and let them know that I could no longer go on working for or with them, and as of said date, i would no longer control the stores... And asked them to give me details on what they wanted to do as far as changing hands.

I left.....

So... I find another company in the same industry hiring for a very good position, and apply... I interview, and they have me fill out background consent to make sure i didn't rob any banks, or kill anyone... Which basically means job offer, pending background ok'd and they verify my urine in a cup is still liquid based.. lol

Well.... i recieved a phone call from the company i have applied with today... She tells me the background check came back, but there is one problem... i put on my applications that i left due to job going away, but the background company reports the responce from that former company was "Termination due to lack of performance"... WTF!!! So... while this review has not yet disqualified me for the position, it has possibly done so... I was asked about the situation, so they could better understand it, and was told they would relay the info, and somebody MIGHT call me back... Now... the next step after background check was to pee in a cup... But after the phone conversation, they have not asked me to pee...

The lady did tell me that this was the only thing holding us up... And being that they didn't go further, that tells me that this may have made me loose the opportunity... Now... i have applied for other jobs online with similiar companies that did not get back to me, most of which have you consent to background evaluation during the original application.

Now... I have 9+ years of experience... The last 4 or so of which as a District, or Regional level manager, and the position I was applying for was a Store Management leve position... So while I know this is purely speculation, but I fell its safe to say that I was more than just qualified for the job... So how many offers have i missed out on due to this? What legal ground do i have?

i do have printed email's from where I resigned... That should prove my termination was not due to performance, and not even that, should prove it was at my own will...

I am friggin pissed, because not only are the screwing me over with this, they really fudged me over on our little deal as a sub-dealer...

i ended up loosing my *** off there, and even owing some money.. And they are in some ways preventing me to get a respectable position...

I am hoping I will hear back from this company with a job offer, but have to know that this could potentially loose it for me...

Anybody got any advise?

Condor

i don't know about the laws in NY, but i think here, youre not allowed to say anything other than yes you would or no you would not recommend them. ill ask around for you tonight if i run into any of the lawyers.

ghopki1

Same here when you are specifically talking about the worker but, as far as terms of separation, I believe they can say that. Now it is a different story altogether if they are falsifying the terms of separation.

FL02SupaHawk996

I'm not an attorney, but I'm pretty sure it's the same here in FL and with the e-mails you could probably find an attorney who could put a hurt on them especially if they have deep pockets and he could get you the job at the new firm too

Good luck bro!

Chitownson

You may want to check with the state labor board for your state's labor and privacy laws and employee rights; You also may want to call your old company and see if they'll let you look at your employee file and make copies of it for possible legal review if local law allows..... Also, some employers blur the lines between the legal definition of an employee and and independent contractor (which the laws treat differently) Did they make you a contractor and direct your every move and pay for your insurance and all the supplies and tool and phones, office space etc. you needed to work? Then the law would probably consider you an employee and not an independent contractor which would have a bearing on defining your termination or quitting.

SlowHAWK

Techincally I beleive they aren't even allowed to say anything about your employment other than to verify if you were an employee, position, and the dates. That's why most people GIVE references for prospective jobs to check with.... that's how future employers get around the rule, while you get the ability to have someone you trust speak on your behalf.

I don't know what you legal options are.... but at worst you shoudl be able to have them stop giving the negative info out.

J.

Randman

I second that...Many years of retail management, and I have seen company's get there ***** busted for giving out too much info...

As for what I remember, and I guess it depends on the state, they can give dates employeed, and position...

Have someone call the company as a hiring manager, and see what information the give out...

joshuatest

as for my status of employee vs. contractor... I was for 2+yrs a actual employee of theres... Then at the time i became a "contractor", I took complete control of the stores, supplies, and such, and basically they got a cut of the profit... So at that point, I technically went from being a employee, to contractor... So they would have had to terminate my employee id, insurance and such... however this was not a firing, or termination of employment for lack of performance as stated... And at the point of when i stopped working with them as a "contractor", i stopped on my own terms, and at my request...

So no matter which "termination" point, both times where at my choice... I chose to accept the new contractor type position, and i chose to stop... either way, there was no lack of performance.. And I think it is very clear what is mean by terminated for lack of performance... they are suggesting they fired, or let me go... and that is a lie...

I think i am going to contact a lawyer to see what my rights are, then make a choice if its worth going after..

but regardless, thank you all for the responce, and help...

RCVTR

I would try to present my email records to convince the prospective company that your former employer is being untruthful. If you wait for the courts to fix it, you may be too late, if this is a job you want. Don't wait for them to come to you. It's up to you to convince them that they should hire you.

Then I would go about trying to sue for slander, or whatever it may be. That's a battle worth fighting in my book.

Good Luck!

SD Hawk

In Ca. former employees can only verify employment job title and employement dates.

That of course won't help if the former employer already volunteered a response to a potential new employer indicating termination due to "due to lack of performance". What a crappy thing to do…..

I suggest an email or written communication to the new employer stating the circumstances of the previous job’s ending, including quotes and names from your emails with the prior employee, also asking if this explanation is sufficient in clearing up what it sounds like to be the only “mark” against you in the candidate selection process.

By the way, one of the best questions you can ever ask of a potential employee is something to the effect of “Is there anything in my resume or from our conversations that may lead you to believe that I am incapable of performing the required job duties?” This almost forces the interviewers hand to either accept you for the position or give details as to why you may not be the ideal candidate. (just my .02 cents)

Good Luck!

joshuatest

Well when the lady called, she told me that what i put on my application didn't match, then told me what they said, and asked me if I could go into further detail on why that may be. I explained that it was absolutely not true, and offered to not only show the email records, but also provide contact phone numbers of several sales reps who where hired by me, worked for me, and are still current employee's there at that company, but would be loyal, and tell the truth... I also offered having them contact the indirect representative for the cellular company we sold, which would surely tell them the truth also...

Now after she talked to me, she sounded like it may be ok... I think... lol She said when something like that doesn't match on the background, they call to kinda get the explanation, and provided that the explanation is enough to convince them, they can still pursue employment if they chose to... basically she said HR doesn't say 100% No, but it makes more for them to consider...

So I am still chasing the job... But believe me, I am so pissed about this, if there is the slightest bit of law that will hold up on this one, I will sue... I'm not one that you would say would typically be sue happy.. But the entire time I worked for them, It was a constant battle about getting paid out the full bonuses... they always seemed to try and shortcut our pay... I worked well more than the typical 40-45hr weeks for them on salary, so not exactly taking the overtime advantage, and even at the end, when I was supposed to be working as a contractor, they completely screwed me, and I ended up taking a loss of aprox $5000.00 in the end... Basically they cut off the ability to get inventory in the stores which I was esentially financially responsible for at the time... So the final month I was there, after voicing the objections on them screwing me, they cut my inventory off and left me in the negatives pretty bad...

Nothing i can sue over there, just bad business if anything... But its one thing to screw me over while i'm there, but now i'm gone... trying to continue my life somewhere else, and they are still ******* with me... there is no reason why they should... so hell yea, if i can go after them, **** it, why not....

joshuatest

Ok guys,

figured i would update you...

1st off... The HR department called me today, scheduled me for the drug test tomorrow... I gotta pick up some good **** from my italian dealer friend so i'm sure to pass... don't wanna show up with my average drugs you know... But anyway, offered me the job pending testing of my drugs...

2nd... My wife talked to her co-worker, who's husband is a lawyer... I am supposed to call him tomorrow, and hopefully he can direct me in the correct direction here.. legally atleast, i already know i'm head SOUTH!...

So... the job... well, the pay sucks, but it gets me in the company, which i'm sure to promote very fast, and offers me the ability to transfer here in a few months when i'm ready to head south to ky... My buddy works for them, and said i should have no problem... Pay does suck though... I'm gonna counter offer the starting pay, it worked for my buddy when he got hired, but differant type of position. But cain't hurt to ask... Either way, I gotta take it... Need the piece of mind of good insurance, and place to work when i get to ky... i'm selling cars right now, have since i left the other place... money sucked when i started, but i went to another lot, and now i'm making good money again... oh well...

thanks again for the info though...

joshuatest

OK... So i got in contact with this Italian guy downtown, and he hooked me up with some REALLY GOOD drugs...... He said they where the finest he had ever sold.... So i took my drugs to the drug test facility, and they agree'd.. I had REALLY GOOD drugs...

But anyway... I of course passed the test...

And....

I started on Wednesday... The pay still sucks.. But hopefully i can get myself transfered to Ky before April... otherwise this will be a waste of time.. but anyway... i just figured you guy's where due an update...

your updated now... please return to your regular life...