Got a question?
Looking for the going opinion so thought I would get lots of response here(good or bad) from those that dont know me and wont just side with me.
I was fired awhile back for causes that I have since fought in court and won. Then took to TC and got a panel to find in my favour aswell.
I am still unable to find employment due to one the climate for hiring and the tarnished last employer on my resume.
My question is should I try to get back on, should I use more legal action to get my job back if they arent willing, and should I look for lost wages?
Just not sure if I want to be the guy that is back on the team because he whinned till he got what he wanted. I do feel I didnt do anything to warrant what happened.
H
ADVISE ME ! ! !
Moderators: North Shore, sky's the limit, sepia, Sulako, lilfssister, I WAS Birddog
Re: ADVISE ME ! ! !
Do you really want to go that route? I'm guessing not. Sure you may win but do you really want to work there now? And if you win and don't want to be there it was all for the 'cash' and that doesn't look good either.My question is should I try to get back on, should I use more legal action to get my job back if they arent willing, and should I look for lost wages?
I'd say that your first guess is most correct but that said, should you discover that its due to the second, I'd try a slander case since you won everything else.I am still unable to find employment due to one the climate for hiring and the tarnished last employer on my resume.
Do you need that last employer on the resume? If so all they have to do is confirm that you worked there (hopefully for the time/hours you stated) - nothing more. Anything else and they should watch themselves; or you can present and prove your case to any prospective employer - should they ask.
Good Luck.
Re: ADVISE ME ! ! !
Definately keep the last employer off
the resume. If you feel you really need to put it on there, get a friend to call them for a reference. That way you'll know what they're saying behind your back.
Cheers
the resume. If you feel you really need to put it on there, get a friend to call them for a reference. That way you'll know what they're saying behind your back.
Cheers
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fingersmac
- Rank 7
- Posts: 606
- Joined: Mon Jan 31, 2005 4:17 pm
Re: ADVISE ME ! ! !
Contact your previous employer and have a chat with them. Tell them that you've since been cleared of any wrong doing and you'd be willing to get your old job back if it's available. If it isn't or you prefer to move on, then ask if they'd be willing to provide you with a reference now that matters have been cleared up.
If you're curious about what kind of reference they're giving, then have a friend call and ask for one. Maybe record the conversation in case you are being slandered and need evidence for a defamation suit (I'm not a lawyer so I don't really know if you should follow that last bit of advice!). Seriously though, nothing prevents a friend calling and posing as a possible future employer in order to find out what kind of reference they're doling out.
If you're curious about what kind of reference they're giving, then have a friend call and ask for one. Maybe record the conversation in case you are being slandered and need evidence for a defamation suit (I'm not a lawyer so I don't really know if you should follow that last bit of advice!). Seriously though, nothing prevents a friend calling and posing as a possible future employer in order to find out what kind of reference they're doling out.
Re: ADVISE ME ! ! !
Thanks guys for posts and PM's
I have questioned the refference they are giving out but not in general more so to the other local cariers that they know somewhat. I was called one day and offered an inperson interview with a sim eval, then never another word from them, even after dropping in 3-4 times and 1/2 doz calls.
"They must have called my previous employer to drop the ball like that.
For now I have to keep them on my resume they explain/subsantiate the better/bigger machine on it, but may drop them soon.
I dont really want to go this route but I would like to work again, and I feel and have proven that my dismissal was not warranted. I would return there it is a big enough place, at least untill the music started playing again.
I also feel like dropping the whole thing and moving on, it has taken alot of my time so far. If I do walk how will they treat the next guy that doesnt fight and win?
I have questioned the refference they are giving out but not in general more so to the other local cariers that they know somewhat. I was called one day and offered an inperson interview with a sim eval, then never another word from them, even after dropping in 3-4 times and 1/2 doz calls.
"They must have called my previous employer to drop the ball like that.For now I have to keep them on my resume they explain/subsantiate the better/bigger machine on it, but may drop them soon.
I dont really want to go this route but I would like to work again, and I feel and have proven that my dismissal was not warranted. I would return there it is a big enough place, at least untill the music started playing again.
I also feel like dropping the whole thing and moving on, it has taken alot of my time so far. If I do walk how will they treat the next guy that doesnt fight and win?
Anyone can do it, I just do it better ! ! !
Re: ADVISE ME ! ! !
Bottom line? Companies like this don't change -period.
You may feel better but have spent a lot of time focusing on the wrong end goal.
You may feel better but have spent a lot of time focusing on the wrong end goal.
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Dust Devil
- Rank 11
- Posts: 4027
- Joined: Fri Jun 24, 2005 10:55 am
- Location: Riderville
Re: ADVISE ME ! ! !
I actually had my lawyer say never to do this. It's actually a criminal code violation to record a phone conversation without both parties consent. That's why a lot of 1800 numbers have a prerecorded message saying that this call may be recorded.fingersmac wrote:Maybe record the conversation in case you are being slandered and need evidence for a defamation suit (I'm not a lawyer so I don't really know if you should follow that last bit of advice!).
//=S=//
A parent's only as good as their dumbest kid. If one wins a Nobel Prize but the other gets robbed by a hooker, you failed
A parent's only as good as their dumbest kid. If one wins a Nobel Prize but the other gets robbed by a hooker, you failed
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fingersmac
- Rank 7
- Posts: 606
- Joined: Mon Jan 31, 2005 4:17 pm
Re: ADVISE ME ! ! !
Actually, it isn't. Anyone can record a phone conversation and they don't have to tell you its being recorded. What they can do with it is another thing, but certainly obtaining a recording as a precaution is perfectly legal.Dust Devil wrote:It's actually a criminal code violation to record a phone conversation without both parties consent.fingersmac wrote:Maybe record the conversation in case you are being slandered and need evidence for a defamation suit (I'm not a lawyer so I don't really know if you should follow that last bit of advice!).
It certainly is illegal if neither party knows it is being recorded, and while not illegal, it is a Charter violation for police to call someone up and record the conversation with the intent that it be used in court without a court authorization.
Yoo are probably right in some US states, DD. There are different rules about recording in different places.
Re: ADVISE ME ! ! !
My case is extremely more complicated but maybe it can help you.
I had a bad reference given about me, last year. I got the reference from my current employer and it was a tool to harrass and discriminate against me. But also, it was not backed up by any feedback, or performance evaluation so my employer should not have allowed this to stand, imo. The job I applied for was with my employer and the HR services is aware if there are performance issues. Why would a supervisor not be questioned or prevented from doing references if that supervisor gave a bad reference against an employee , you might ask. I don't know, but they gave me a big hand out on reference checks like they are totally right to use a bad reference against me even though I have satisfactory performance. I'd rate myself exceeds expectations.
I knew my boss didn't like me and was out to get me but I didn't think she would give a bad reference, since she didn't ever speak to me about my problems. I ended up grieving this bad reference because my boss is a big a-hole. 2009 was a difficult stressful year at work due to H1N1 because we serve high risk clients. Also there was the huge product we were preparing to roll out last year which required training, trial runs, lots of meetings and government bureaucracy. I participated in this project and it is my understanding I supported my employer through these challenges and my boss turns around, and gives me this bad reference in November. She also gave 2 guys, my co-workers, good references and they were promoted.
Now, I fought this through a grievance and asked for Mediation as the least thing they can do, but nothing! I think they gave her a slap on the wrist but I can see she is free to carry on. So I'm writing her boss with the crap she does and maybe someday there will be mediation, at least! and it will be documented and hopefully she will get removed from that manager position but it sure is hard to get justice.
People wonder why I'm working there but I think it might not be better anywhere else, so for now I'm writing everything down and have still applied for jobs.
I had a bad reference given about me, last year. I got the reference from my current employer and it was a tool to harrass and discriminate against me. But also, it was not backed up by any feedback, or performance evaluation so my employer should not have allowed this to stand, imo. The job I applied for was with my employer and the HR services is aware if there are performance issues. Why would a supervisor not be questioned or prevented from doing references if that supervisor gave a bad reference against an employee , you might ask. I don't know, but they gave me a big hand out on reference checks like they are totally right to use a bad reference against me even though I have satisfactory performance. I'd rate myself exceeds expectations.
I knew my boss didn't like me and was out to get me but I didn't think she would give a bad reference, since she didn't ever speak to me about my problems. I ended up grieving this bad reference because my boss is a big a-hole. 2009 was a difficult stressful year at work due to H1N1 because we serve high risk clients. Also there was the huge product we were preparing to roll out last year which required training, trial runs, lots of meetings and government bureaucracy. I participated in this project and it is my understanding I supported my employer through these challenges and my boss turns around, and gives me this bad reference in November. She also gave 2 guys, my co-workers, good references and they were promoted.
Now, I fought this through a grievance and asked for Mediation as the least thing they can do, but nothing! I think they gave her a slap on the wrist but I can see she is free to carry on. So I'm writing her boss with the crap she does and maybe someday there will be mediation, at least! and it will be documented and hopefully she will get removed from that manager position but it sure is hard to get justice.
People wonder why I'm working there but I think it might not be better anywhere else, so for now I'm writing everything down and have still applied for jobs.
