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Possible bad/malicious reference

FFFF Once Upon a TimeIn OaklandRegistered User regular
edited November 2007 in Help / Advice Forum
Small bit of backstory here.

My lady friend has been trying for a couple months now to get a job here (Bay Area, CA). She moved here from MO a few months ago.

She's been applying to a large variety of places, from Graphic Design positions all the way down to supermarkets. So far she's only gotten a couple of interviews, all other applications have, apparently, been rejected outright. We're trying to narrow down possible causes. One problem may be is that at her last job she quit. (though it sounded like they were out to fire her anyway)

From what I hear, her previous employer had a lot of, somewhat scummy guys, she was harassed at work, etc. So my worry is that her previous employer may be being vindictive and giving a very bad reference to possible new employers.

I don't know if it's illegal for them to do that (someone told me it's not). If it is legal for them to say whatever they want, is there some way to counteract what they're doing? Should that particular employer be left off of her resume?

Huh...
FF on

Posts

  • Lord YodLord Yod Registered User regular
    edited November 2007
    You can mark on your resume/application that you were employed there but that it is not okay to contact them. If you do that, they can't base your hiring on any contact with that employer.

    Doesn't look good, but it's better than the last boss being an asshole and lying about your work history.

    Lord Yod on
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  • SentrySentry Registered User regular
    edited November 2007
    It has been my experience that most reference checks are completed after the interview, and typically only if the candidate is a serious candidate for the position. While it is possible to do a reference check prior to an interview, it is pretty unlikely.

    Perhaps the problem is her work experience, or how she is portraying herself in her applications and/or resume.

    Also, there are laws governing what references can and can't say to potential employer.

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  • EggyToastEggyToast Jersey CityRegistered User regular
    edited November 2007
    Yeah, it's rare that a job will go through the trouble of calling a reference before the interview. References do only one thing -- they help management confirm a good choice (or turn away a sketchy choice that interviewed well). In other words, they would've had to have wanted to hire the girl before her past job reference would've been called.

    After all, if she's applying to places where there's lots of other applications, why would they spend time during the day calling refs to turn someone down, when they can simply turn her down because they don't like something that's obvious on the resume?

    More importantly, though, her experience is standard in the job market. How many jobs have you/her applied for in your life? It's rare to only apply to one place, get an interview, and then get the job. Usually, people apply for a lot of different positions, some more of a longshot than others, and will only get a call back on a small handful. After all, if she has lots of school/job experience, why would a supermarket want to hire her? They figure she's just working there for some easy money and will quit as soon as something comes along in a few weeks. And if she has lots of other experience, is she changing her resume for each job, or simply sending out the same one? If she lists HTML skills, a supermarket will simply stop there and trash the app. If her work experience looks to bbe entirely retail, a graphic design firm may not give a damn.

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  • devicesdevices Registered User regular
    edited November 2007
    I'm pretty certain that it's considered slander to do something like that... I'm not 100% sure. I'm a manager at a company with relatively high turnover though, and i've always been told by the higher-ups that if we are called by another company looking for a reference that we cannot say anything bad about the person character-wise (ex he was an idiot, or she was too picky... stuff like that). We can only state hard facts about their work history. Like if they were constantly late or always on time, or if they had problems completing work or were very reliable. Nothing of personal opinion, basically.

    The reason they gave is that if an employer decides not to hire someone because I were to say "he was a freakin' jackass" or something, it would be very, very easy for that person to sue my company for it. My supervisor called it "blackballing".

    also:
    You can mark on your resume/application that you were employed there but that it is not okay to contact them. If you do that, they can't base your hiring on any contact with that employer.

    devices on
  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    edited November 2007
    If the companies are half-decent are are serious about hiring her, they'll be able to read between whatever the old company is saying.

    I'd recomend against saying, "do not contact," as that looks worse. SAme goes for saying anything bad about the old place in an interview.

    MichaelLC on
  • DrFrylockDrFrylock Registered User regular
    edited November 2007
    Why doesn't she just ask the employers why they didn't hire her? It's not like she has anything to lose. What are they going to do...not hire her again?

    DrFrylock on
  • Lord YodLord Yod Registered User regular
    edited November 2007
    MichaelLC wrote: »
    If the companies are half-decent are are serious about hiring her, they'll be able to read between whatever the old company is saying.

    I'd recomend against saying, "do not contact," as that looks worse. SAme goes for saying anything bad about the old place in an interview.

    In a real bad case - for instance, let's say your last boss was into sexual harrassment and you quit - they might say things like 'they were late 90% of the time' just to fuck your life up. I've had bosses that would go to these lengths, and in these cases it's best to either leave that job off the application or say 'don't contact'.

    It's a bad idea to get into why you don't want them contacted, though. I would never hire someone that talks shit about his last job, unless I brought it up first.

    To the OP: I live in the Bay Area. I'm lucky enough to be in a high-demand field, but when I worked other jobs (retail, menial office, etc) it took on average 60-70 applications to get hired. Starbucks is a good job to get in the meantime just for the cash flow.

    Lord Yod on
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  • TopiaTopia Registered User regular
    edited November 2007
    Man, just call the old boss yourself, and pretend to be a manager at a company. It can be completely ficticious if you want it to be.

    Record the conversation, if she says ANYTHING negative about your friend, it is completely illegal and a violaiton of labor laws. The most she can say is something along the lines of "I refuse to comment."

    Topia on
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