A year ago (August 4, 2020) I was working for a non-profit from home during the pandemic.

Anonymous

October 6,2021 at 8:40PM UTC

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A year ago (August 4, 2020) I was working for a non-profit from home during the pandemic. I was offered another job paying nearly twice as much, so I took it and gave my 2-weeks' notice. I also told my former supervisor I would help out as possible until they replaced me. At the end of September I could no longer keep working full time at thre new job and full time at the old job (including going into their office regularly). They were making no effort to replace me, so I sent an email saying my two weeks had ended long ago so I would no longer be doing any work for them. Fast forward a year and the new job I took was canceled by the government so I am looking for work. When I was applying for a security clearance for that job, my former employer told the investigator I couldn't do my job, was unreliable, and things of along a similar vein. I'm now worried they will give me negatives reviews if contacted by prospective employers. Is there any way I can avoid this problem?

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Lorna Rose, J.D., M.S.October 6,2021 at 9:01PM UTC
This sounds like you may have a serious legal problem on your hands. Interfering with your security clearance for a government job by lying about you is not merely a “negative review.”
Aside from that piece of it, your best bet is to see if you can get someone else from the former company to be your reference/point of contact for prospective employers.
AnonymousOctober 6,2021 at 9:30PM UTC
Send them a cease and desist (many samples online).
Make sure you address it to the owner, you supervisor and any officer or high ranking officer at your former employer. This is not OK but will continue in insidious ways if your don't shut it down firmly. Threaten legal action.
Send each copy via certified mail.
AnonymousOctober 6,2021 at 9:49PM UTC
Take a contract position for 18 months. Network ("work it"), make lots of friends, and use them for future references. You are NEVER stuck! For that "nasty" employer, always check the box "No, you cannot call this place." If you mark "Yes," expect to suffer some more.
AnonymousOctober 7,2021 at 12:14AM UTC
Sounds like every nonprofit I've ever been associated with. It's the wild wild west .....doing anything they want regardless of its moral or legal implications.
This is nuts. I would have an attorney threaten legal action.
AnonymousOctober 7,2021 at 3:11AM UTC
There's a difference between confirming period of employment and rehire status, and providing a reference. Don't use anyone at the nonprofit for a reference, and don't check "ok to contact this employer" because they sandbagged you when the investigator interviewed them for your security clearance. Who ever passed that along to you did you a professional courtesy by letting you know. The nonprofit showed you who they are... believe them.
Kari ParkerOctober 7,2021 at 8:18PM UTC
What state are you in? I'm pretty sure they can't go into that much detail without breaking a law of two. I think they can just ask if they would rehire.
AnonymousOctober 7,2021 at 8:25PM UTC
Labor boards have investigators for this if you let them know. They will call and ask for a reference and write up a report based on what they say. If they act like they did before, they will likely be fined.
AnonymousOctober 8,2021 at 12:08PM UTC
Unless you're putting them down as a reference, any company should only be contacting them to confirm employment and it's illegal for them to discuss anything other than yes/no you worked there.
Halima YusufOctober 8,2021 at 12:25PM UTC
Potential new employers can’t call old employers and ask for a reference. All they can do is call them and confirm you ever worked there. That’s it. Good luck on your job search!!
DeBorah S. WalkerOctober 8,2021 at 12:33PM UTC
Hello most prospective new employers ask you, is it okay if we contact your former employer? when they asked you that question you should say no.
AnonymousOctober 8,2021 at 1:16PM UTC
If that doesn’t work, explain what happened. You went above and beyond.
Karen GongawareOctober 8,2021 at 12:44PM UTC
I am not sure where you are living, but it is illegal for an ex-employer to state anything about you or your work in a negative manner. They can state yes you are or are not rehire able. They can say you were on time. They cannot say you couldn't do your job when it is very clear you could. So talk to a labor lawyer and sue the crap out of them. I assume you kept a copy of your resignation letter, all emails between you and them, and a record of how many times you were doing work for them. That is your case. If you were so unreliable why did they keep asking you to work and not replace you? Go after them. good luck!
AnonymousOctober 8,2021 at 1:10PM UTC
It’s not illegal to answer questions the secret service asks…
EricaOctober 8,2021 at 3:32PM UTC
actually, that os a very common misconception. most employers give only the information you mention, however, as long as any negative information is TRUE, there is no law preventing a former employer from disclosing it. For example, perhaps you were on a final corrective action for tardiness, no doubt there is ample documentation supporting that, and it is perfectly legal for an employer to disclose it, although most do not, just to avoid potential hassles.
AnonymousOctober 9,2021 at 6:44PM UTC
They never said anything about me being unable to do my job until I gave final notice. I never even received an evaluation!
AnonymousOctober 8,2021 at 12:46PM UTC
My husband & I own a restaurant and one of the kids who worked a summer job as a bus boy went on to work in the government after graduating college. We had a visit from the Secret Service (at our home!) asking detailed questions about the young man, his family and friends. We replied happily, since there was nothing but positivity to report and we knew he and his family were 100% ok with us giving out the information. Over the years, we have been contacted by other government investigators doing background checks on applicants. I think when you apply to work in a federal job with a security clearance, these sorts of interviews are required.
AnonymousOctober 8,2021 at 1:03PM UTC
For most non-security clearance type things, all companies are allowed to do today for references is verify dates of employment. Saying anything else about job performance sets them up to get sued.
Becky HarborthOctober 8,2021 at 1:14PM UTC
I concur!
Cheryl NeasOctober 8,2021 at 2:13PM UTC
And yet those same employers who won’t GIVE performance references insist that you provide them.
DVDgoddessOctober 8,2021 at 1:13PM UTC
I think some of the posters are missing that when you apply for a clearance, there is an investigator hired by the employer to do a background check. This is separate from the info the employer gathers. I have been through something similar where I had one employer who had a different idea about my work ethic. I told the investigator my side of the story, and the fact that every other employer and reference gave glowing reviews showed the opinion of that one employer to most likely be incorrect. When talking to the investigator, be calm, tell your side of the story without trashing the employer, and your good work ethic will shine through.
AnonymousOctober 8,2021 at 1:14PM UTC
Sounds like a lawsuit to me. Those are serious allegations, and if true, shows the lack of ethics on the part of your past employer. Did you get your clearance anyway? If you did, then don't worry about it and don't use them as a reference going forward. Human psychology is so complex and these investigators should be able to sift through the bullsh*t.
Valentina Huang, MBA, SHRM-CPOctober 8,2021 at 1:47PM UTC
Sorry you're going through this. Employers do have an opportunity to say negative things; however it just comes off as being unprofessional but I don't think it's illegal. If things are untrue, well then that's a different story. When applying for new positions, they usually ask if 1. they can contact your previous employer and 2. you should let the interviewer know in advance how you parted ways with previous employer - this way they know that they may not be receiving an 'honest' review of your work. Good luck and hope you find something great!
AnonymousOctober 8,2021 at 1:55PM UTC
I’m surprised no one else has mentioned this, but never offer to work beyond your notice period. This is an example of no good deed goes unpunished. It depends on your state and the context of to whom the comments were made (it’s a little unclear), but most likely you have a case. It would make sense to hire an attorney at least to send a cease and desist letter. You may also be entitled to damages if these false comments caused you to not get a clearance and/or job.
Maggie StoneOctober 8,2021 at 3:30PM UTC
I would have several references lined up. If asked if they can contact former employers on an application, say yes unless you feel you have a logical reason why( out of business and don’t have contact information). Keep in mind that former supervisors/ employers, can face a law suit if they trash you.
AnonymousOctober 9,2021 at 6:36PM UTC
I am listing coworkers for references. I'd seen my boss slag other people in the past, so I would never list him.
AnonymousOctober 8,2021 at 3:42PM UTC
What a terrible employer -- I'm sorry. Is there anybody else at the company you could use as a reference, even if they weren't technically your supervisor?
Also, I wouldn't worry about a security clearance issue. Getting the clearance is more about not being in debt up to your eyeballs and not having a history of participating in illegal activities. If you can explain the poor performance review in your interview with the investigator, you'll be fine.
AnonymousOctober 9,2021 at 6:38PM UTC
Unfortunately (maybe fortunately) I don't need the clearance anymore, and I'm only using coworkers as references at that job
AnonymousOctober 8,2021 at 3:59PM UTC
I was under the impression that a former employer can only reference the dates you were employed and if your eligible for rehire. I know that's how it works in my state at least. As far as the security clearance, I don't think they actually look at job performance per se. But if you have other references you can use for that position, that would be helpful. Good Luck!
AnonymousOctober 9,2021 at 6:39PM UTC
Thanks. That's the only information I thought former employers could give too. My former boss was a very petty man though.
AnonymousOctober 8,2021 at 4:31PM UTC
Reference Human Resources when possible. Don't use that employer as a reference.
AnonymousOctober 9,2021 at 6:40PM UTC
I'm just going to ask they not contact that employer. I don't trust HR there either.
GirlBossanova934974October 8,2021 at 5:21PM UTC
You probably shouldn't be listing people as references who have an axe to grind against you. Maybe a coworker, a peer, or someone in another department might suffice?
AnonymousOctober 9,2021 at 6:34PM UTC
I don't list the boss as a reference, but the government can contact anyone when doing a background check.
Julie K. MarshOctober 8,2021 at 8:16PM UTC
Research tortious interference. You may have a legal case!
AnonymousOctober 8,2021 at 8:36PM UTC
I have always lined up references that aren't usually the higher ups since a manager can be your manager and have little to no interaction with your daily work. When giving references I say that So Andso wasn't my direct supervisor but supervised a lot of my daily functions and worked alongside me on several projects so they are better equipped to speak to my abilities than a manager who rarely interacted with me except at review time. Also always keep all of your reviews (assuming they are positive). If you find out you are being trashed by your previous employer those reviews can be evidence in a lawsuit for defamation of character. Sad you have to think like this but in this day and age, you need ways around people who have an ax to grind because they aren't capable of seeing their part in the demise of a work relationship. Good luck!
AnonymousOctober 9,2021 at 6:33PM UTC
Thanks. I never received an evaluation at the job. My books just said if he wasn't happy with my work, I'd know. I've never had a negative evaluation in my life.
Adele FriedelOctober 8,2021 at 11:46PM UTC
When you go through a background check for a security clearance, you have absolutely no control over who they talk to. I’m surprised that the investigator divulged any information to you unless you you were denied the clearance and you requested a written reason for the denial. Even with a written request, they are not allowed to divulge their specific sources of information.
If it was a standard background check for a job then it is illegal in most states for anyone to give any information about you except to verify you worked there and your dates of service. I would find an employment lawyer in your state and at least have a conversation about your options.
AnonymousOctober 9,2021 at 6:32PM UTC
It was a security clearance background check and they were giving me a chance to clarify.
AnonymousOctober 9,2021 at 6:31PM UTC
The people doing the security check called and told me. They had interviewed me prior to contacting the former boss and knew how abd why I left. They were treating the boss's statement as sour grapes.
AnonymousOctober 9,2021 at 6:35PM UTC
The people conducting the security clearance told me so I could rebut for the file.
Albania Martinez BojosOctober 10,2021 at 12:45AM UTC
I'm sorry that you are going thru that. I think is illegal for a former employer to badmouth an employer. Also, I am surprised that the investigator would divulge that information. If you feel that they badmouthing you would hinder your ability to get the clearance or perhaps getting a new job, you should contact legal advice.
AnonymousOctober 11,2021 at 12:42AM UTC
As much as the comments here say it is illegal to badmouth former employees, I have witnessed HR do exactly that and it does get back to the employee. People act surprised but I AM the one surprised that more people have not experienced that happening. It is more common that you think. The best recourse is not to list managers name but instead use co worker when possible.
AnonymousOctober 11,2021 at 6:57PM UTC
It wasn't denied. It was dropped because the government canceled the contract with the company I worked for.
Chantel CummingsOctober 11,2021 at 6:59PM UTC
Why are you anonymous? I was interviewed over the phone after filling out a massive application. They were performing security checks over the phone because there was a pandemic. Perhaps you heard of it? I'm not answering you anonymously so you can see who I am.
Chantel CummingsOctober 11,2021 at 7:01PM UTC
You seem to have issues. See my response above and look up COVID. You might have heard things are being done differently because of it.
Julie K. MarshOctober 11,2021 at 11:55PM UTC
This response is aggressive and unnecessary. While your experiences may suggest a phone call is unlikely, it doesn’t mean it couldn’t happen given lots of business changes during the pandemic. Let’s try to be kind to one another. Thanks!