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Teresa Hosler
star-svg
37
07/06/20 at 11:17AM UTC
in
Career

I have to write my own ad

I’m unhappy with my current job and started looking for a new one. One of the places I had a phone interview with contacted my current job and told them that I was actively looking for another job, even though I told them not to contact my current job for a reference at this time. Now my current job is making me list my own position because they know I’m actively seeking other employment and they said they don’t want to be left in the dark. When they asked me about it I told them the interview was over 2 months ago and I hadn’t had an interview in awhile. I’m confused why the other place would contact my current place of employment and tell them I was searching for other employment? Is this a common practice? Even if they did offer me a job at this point, I sure wouldn’t go work for them. Being the HR Manager at my current position, now I’ll have interview candidates for my own position!

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Shelby C
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1.9k
Creative Consultant-Sales & Marketing-Writer
07/11/20 at 1:33PM UTC
I used to work in HR. If it isn't too late, tell them that they approached YOU and you thought that it would be a good opportunity to learn about another company while keeping your skills sharp, but you don't have any intention of leaving. Tell them you didn't even provide them with contact information or a release (I'm assuming you didn't) and that you find it quite odd that they called, not to mention unprofessional and illegal. It's a violation of your privacy for YOUR employer to verify your employment without a release. Then, I would explain that you don't have any problem with writing a job description because it's good practice for every position to have one; however, there's no need to waste time and money posting your position since you don't intend to go to work for the other company. Best of luck!
Lori Parker
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92
07/11/20 at 2:11AM UTC
Almost every online job application I have completed for the past several years asks if it is ok if they can contact my current employer. It's usually a check yes or no box directly below where I provide the current job information. I have given both answers over time, and it has always been honored. Maybe because they ask and I answer in writing.
Anonymous
07/11/20 at 12:08AM UTC (Edited)
I'm currently looking for a new job as well. My solution? I don't give them the name of my current employer, and I'm applying under my maiden name. Sorry this happened to you - I would be pissed.
Vanessa Correa
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72
Branding + Marketing in the DC Metro area
07/10/20 at 10:47PM UTC
That sucks. I have never had that happen to me. I always find the way to indicate that my current employer should not be contacted. The hiring company should have contacted you first. They are only supposed to contact your current company after communicating that they have decided to hire you. I've only had a new company call the company I was still working at when it is relevant, them doing due diligence after they have decided to make me an offer of employment.
Elle Siva
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494
I am energized to bring the change!
07/10/20 at 6:02PM UTC
You know, one thing worth considering its that they found out you are looking and lied to you. If on Linked In you selected for recruiters to see your job seeking status, your employer could have learned that way. Say as little as possible and spend that I HR with the labor attorney. I think you can fix this until you have an offer you can leave form. Certainly politely tell them know on your job add if you're not in HR.
Elle Siva
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494
I am energized to bring the change!
07/10/20 at 5:47PM UTC
Don't give up yet, see the end about a paid 1-hr legal consult, and certainly do not write your own want add if you're not in Human Resources. "Doing any job as requested" is technically no longer kosher with EEO and City, County, state, and federal fair labor standard practices. Even when a work place is "at-will" if there are at least 15 employees they usually have to follow the employee handbook, state labor and HR laws, and if you're a protected class that adds another layer of protection. Depending on your job sector, employers have to meet more standards if you're working for them FT for 1 yr + This is because if you are not using work resources or paid work hours to job hunt, you are not breaking any rules. Also, if you've done nothing to garner adverse employment action you haven't broken any rules. Has anyone else been treated this way in this situation? Assuming you're a woman, were they all women? Was anyone treated better than you when the same thing happened? If yes are they male or not in the same protected class as you? Were they actually lauded for their next big opportunity? See what I'm saying? People will get on this list and say "at will" as if it's the end all be all and it most certainly is not in most cases, in most states. Additionally, if you never gave written permission in material for the other place to contact your current employer that makes both the employer and the potential employer at fault. You may want to mention this to the employer and/or respective employer. Until someone gives you a written offer you're just keeping your skills fresh and keeping current with the market place yes? Until you have a real offer to consider you're staying fresh and the other company, in addition to violating your rights, broke rules. You should definitely consider reviewing their lack of professionalism and glassdoor and other places - consider using an IP scrambling device like HMA so it can't be traced to IP addresses you have. There's usually a 7 day free trial. Theoretically, if you never heard back with a job offer, but your manager was asked for a reference, presumably they didn't share positive information since they still want to replace you. Hence also my last suggestion: It's worth having a 1-hr conversation with a labor law attorney in your sector about how to go about it. Pay for it so you get real service, real time, from a good attorney. If you use Avvo to look an attorney up, make sure they really practice locally. You can also look up the cases against your employers or similar employers in your area and see who handled those cases. Obviously, don't do any of threes searches from your work computer or work Wi-Fi. Good luck!
Chris S
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39
Tech things
07/10/20 at 5:13PM UTC
this isn't okay or normal and falls under some form of harassment, I would think. wow. i am so sorry- what a shitty thing to do. I am not sure why they thought that was a good idea but honestly, if you could get a lawyer, I would. if you cannot, document EVERYTHING and if your employer tries to let you go, go from there.
Anonymous
07/10/20 at 3:43PM UTC
Your current employer is basically firing you. MAKE SURE TO GET THE DOCUMENTATION YOU WILL NEED TO GET UNEMPLOYMENT BENEFITS. Demand documentation in writing that says you are being terminated and that you are not quitting and ask for a hard termination date. If they won't give documentation to you, send multiple emails from your work email address to individuals at the top. State for the record that you are not quitting your job, you are being fired, and most importantly, be sure to Blind CC your personal email address so you will have a copy of the correspondence. Put the name of the person who told you that you were being replaced. Even if no one responds to your emails, you will at least have some proof of termination which you will need so that you can file for unemployment benefits. It's also possible, depending on the size of the company, that the person who is terminating you (and trying to humiliate you) may be operating without approval and maybe the emails will put a stop to this tactic. Be wary of relying on the help of a lawyer unless you have one in your own family or friend group. Lawyers prefer cases that are guaranteed to make them a lot of money.
Elle Siva
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494
I am energized to bring the change!
07/10/20 at 5:55PM UTC (Edited)
Don't say your fired, say you're being layed off as an at will employee in lieu of adverse discipline. Fired means fault and fault means more time to get unemployment processed. Also, bcc is no longer safe anymore. I'll print to PDF and save on your personal cloud or print a physical copy. If your employer can already get their hands on your personal email and IP address then go ahead and cc yourself. But not bcc. People, if you haven't worked directly with unemployment disputes, protected class harassment, or attorneys on labor law violations please bite your tongue.
Anna
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13
Finance/Ops/HR in the VC & Startup World
07/10/20 at 3:51PM UTC
Yes, this is really great advice. Make sure this doesn't end as a voluntary termination on employee's part. You have every right to seek out other job opportunities, that doesn't mean you're quitting your current job (yet). If they're replacing you, they are terminating you and you have rights to unemployment, etc.
Lisa
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432
Nurse, Technology Writer, Healthcare Executive
07/10/20 at 3:03PM UTC
I agree with the other commenters that this is unusual, but not unheard of. I have had friends contact me for informal feedback on a candidate if it is someone I may have worked with before. But I am outraged on your behalf for how both your current employer and this company with whom you interviewed chose to handle it. Both sound like toxic places to work. There is some great advice on this thread. I wish you the best of luck and I am sure your next role will be in a healthier work environment!
MJ
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631
Accounting consultant
07/10/20 at 2:54PM UTC
Consult a lawyer about the interviewer contacting your employer. If you are terminated you could have a defamation suit.

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