How to Find Out if You're Really Being Blackballed?

Someone on this forum said they have been blackballed by former employer via called other administrators (pardon me if I used wrong term) at other firms and badmouthed that employee. That is a serious concern of mine. I posed this to someone at an agency asking if she could call to verify employment and see what kind of response she gets, but she said no, they (former employers) don't do that. While it is certainly unprofessional, I don't doubt that it does happen. Most employers are probably of the mindset that it's too hard to prove it, and a former employee probably can't afford to do so anyway. Any suggestions, guidance, etc. is greatly appreciated. Asking someone who is still working there is not an option for me. Thank you.

AbusedLegalSecyinPA in New Kensington, Pennsylvania said: Someone on this forum said they have been blackballed by former employer via called other administrators (pardon me if I used wrong term) at other firms and badmouthed that employee. That is a serious concern of mine. I posed this to someone at an agency asking if she could call to verify employment and see what kind of response she gets, but she said no, they (former employers) don't do that. While it is certainly unprofessional, I don't doubt that it does happen. Most employers are probably of the mindset that it's too hard to prove it, and a former employee probably can't afford to do so anyway. Any suggestions, guidance, etc. is greatly appreciated. Asking someone who is still working there is not an option for me. Thank you.

It probably isn't a boss who is bad mouthing a former employee, it could very well be the person that answers the phone. The firm that I worked at had a person who answered the phone and you didn't really get past her unless she knew what was going on and if she was told to put calls through. I believe that has happened to me and no I cannot prove it. It is really hard to prove something like that.

Dear Abused,

Your recruiting agent is incorrect. For $79.00, you can hire a service to call all of your references, record the conversations, and send you a report of what your former employers are saying about you.

If you discover any untruths or inaccuracies, you have an actionable claim for defamation, which you can then present to your state's labor department (in California, we have the Division of Labor Standards Enforcement). State labor departments are authorized to levy heavy fines on employers who are found in violation, but more importantly, they can issue what is called a "Right to Sue Letter." Once you have that letter, you can file a civil complaint against your former employer for defamation, which carries the opportunity to win punitive damages.

The first step is to order your references checked. If you find evidence of wrongdoing, you should consult with a reputable labor/employment attorney in your state who represents plaintiffs.

Best of luck to you,

Mezosub

In reply to Mezosub, while his recommendation is often helpful, it is not that helpful for former LAW FIRM staff. That is because such reference checking companies are not ALLOWED by law to pretend they are from a law firm. They can only say they have been hired to check references FOR a non-disclosed employer. Therefore, any lawyer or office manager/administrator who intends to give you a lying bad reference will be on their best behavior for THIS TYPE OF PHONE CALL (for which you just paid $79).

However, they will happily share their lies and defamation if it is a KNOWN lawyer or office manager/administrator. They are smart enough to know better than to talk to anyone they don't already know. Since law firms exist in a small (and small-minded) world of their own, most of the law firm administrators and many of the lawyers know each other in town (and often out of town). Besides, what about the defamation that goes on ON THE GOLF COURSE, at the COFFEE SHOP, or upscale restaurants, etc.? That defamation is usually non-detectable or provable.

ALSO, even IF you are able to catch a former lawfirm defaming you, it would not be worth the attorneys' fees and costs you'd pay when your damages may not be very high. You would have to prove that they did this over a long period (requiring several $79 fees paid to the reference checking comany, and they may not work anyway). You'd also have to prove that it was the MAIN reason you couldn't find another lawfirm job, which may be difficult in this ECONOMY.

Oh, and some lawfirms are so intent on bashing a former staffer they will pre-emmptively defame you to all the other lawfirm administrators in town -- before you have even sent them your resume.

Been there, done that. Was defamed & had proof. However in the legal community, if you are working in a particular city & want to continue to work there, best not to rock the boat. So, I have put on all my applications for that employer not to be contacted as they instructed me "we do not provide referrals or references which includes employers calling to confirm employment." That stops them from wasting their time. Then when I get to my interview stage & they wonder about that statement, I just let them know that firm has been turned in numerous times to the Wage & Hour Division, however, I have attorneys who called me personally & offered to be references, so they will be able to speak with someone from that particular firm.
It's hard if you are trying to continue working in the same area. Your only alternative would be to change professions.

Many firms today have a written policy against any other people (attorneys, paralegals or staff alike) from the firm (who still work there) to provide any verbal or written references, stating that all reference requests must go through one contact person at Human Resources, so that plan might not work for many former lawfirm staff. Attorneys who do so against the written policies at their law firm risk discipline if they do.

If you had proof, then you could have sued and won in a slam dunk victory and lived off your award until you were able to change careers (which would still be necessary even if you were right and you won fair and square in a court of law). However, your award might not be that high even if you won if you did not have a lot of damages from their provable defamation.

It's a sad state of affairs that the laws written in the spirit of not retalliating against those who use their lawful avenues for redress when their workplace has broken the law in the first place are disregarded -- by LAWYERS! So you have a law firm that breaks the law once (actionable acts against an employee), a victim then uses the legal system as it is designed and in the spirit in which it is designed, then the law firm breaks the law again and again through blackballing and defamation. So we have the LAWYERS breaking the law multiple times while the victim has broken no laws (only USED laws afforded them in their sitiuation), and it is the VICTIM who must change professions. It SHOULD be the lawyers who need to look for a new career. The lawyers are completely ignoring WHY such laws were written and the SPIRIT in which they were written by breaking them, and punishing people THEY HIRED for being RIGHT.

I believe that the victims who were telling the truth and acting in good faith but were screwed over by the legal profession anyway will be GIVEN A NEW AND BETTER PAYING CAREER --BY GOD (IF they believe in God). If they don't, then I guess they're on their own.

Mezosub in Long Beach, California said: Dear Abused,

Your recruiting agent is incorrect. For $79.00, you can hire a service to call all of your references, record the conversations, and send you a report of what your former employers are saying about you.

If you discover any untruths or inaccuracies, you have an actionable claim for defamation, which you can then present to your state's labor department (in California, we have the Division of Labor Standards Enforcement). State labor departments are authorized to levy heavy fines on employers who are found in violation, but more importantly, they can issue what is called a "Right to Sue Letter." Once you have that letter, you can file a civil complaint against your former employer for defamation, which carries the opportunity to win punitive damages.

The first step is to order your references checked. If you find evidence of wrongdoing, you should consult with a reputable labor/employment attorney in your state who represents plaintiffs.

Best of luck to you,

Mezosub

Hi Mezosub,

Thank you for the information above. I feel that I have been placed on a blacklist from a previous big company I worked for. I filed EEOC on them because of mistreatment by my then manager. From that point forward I have not been able to keep a job regardless of how good I am at my job. I have been laid off recently and I feel it was because of this situation and I have no way of proving it.

How can I go about getting the service you mentioned, to have an investigation done on this issue?

Thank you

I dont know what to do. I HAVE WORKED IN DAY CARE MOST MY ADULT LIFE. I AM GOOD AND THE CHILDREN TOOK REALLY WELL TO ME. I ALWAYS GPT ALONG WELL WITH THE PARENTS. i HAVE GOOD LETTERS OF REFERANCE FROM FORMER PARENTS. SORRY didnt mean to shout there. I had worked for a Large coperate center would have been going on 10 yrs befor I was fired. In 9yrs of that time I never had a write up, called to the office nothing. Then one day was called to the office because the director wanted to know why people were talking about her and when I told her what was being saud and we ALL felt this way she started looking for little thing to write me up for. Took her almost a yr and I was starting on my 10t yr with the company before I was fired though. In that time I had started keeping track of going ons. not following ratios when other people did stuff they didnt get in trouble for but yet I would. Took pic everything. Well after I was fired I emailed this to coperate and 3 day later the director put in her two weeks notice. I couldn't find work anywhere. Took 6 months to find a job. I finally found a job at a small daycare 3 1/2 months later they went bankrupt and Im out of work again (March of 2011). sense then I have got several interviews at different day cares and such but they all find crazy reasons to turn me way. I've been told they jut filled the position then other friends of mine called about it and its still open and i've called asking about the position and the tell me all about it then say I had a interview on such and such a day and was wondering what was going on with it. At one place of intereast I applied and recieved an e mail meant for a different location but it was about me said something to the affect applied their before check file Im sending you. Ok I have NEVR worked for this company and so why would they have a file on me? I have a clean background. I dont understand can anyone give me ideas what I can do or who to contact. Frustrated

On another note regarding law firms who blackball former staff: many law firm administrators belong to the local chapter of some association of legal administrators. Those associations are only for legal administrators to belong to. They have at least one function per month, as well as a Holiday party toward the end of the year. I believe they compare notes at all of these functions, illegally, on former staff and blackball them during these social association discussions (which are not on any record). Just assume that all the legal administrators in your town know each other and talk to each other. This may explain the brick wall former legal staffers run into when applying all over town. The unfortunate thing is there is often no good REASON for the original firm to have let the staffer go, much less for there to be blackballing going on regarding future lawfirm employment, so a perfectly fine candidate with plenty of experience is therefore unused in the legal field. Most legal staffers are not let go for incompetence or poor work performance, but rather for things like not being willing to go for drinks after work (non-drinker), or not being willing to obtain job security by flirting with or sleeping with a boss or boss's friend at the office, or for standing up for what is right and true on the job. Therefore, law firms become less and less populated with honest and honorable legal staff and become more and more populated with compromising dishonorable staff, which makes the office environment less and less hospitable for future honorable staff. I suppose one should actually consider it a great HONOR to be blackballed under these circumstances! That means they must consider you such a potent force for good that they can't even stand to have you in their midst.

Sometimes this kind of thing can be a catalyst for doing something much BIGGER with your life and career than working for lawyers -- the best revenge of all!

I agree with Stang girl in Phoenix and find myself in the same position as Legally Bummed in MI, but with federal law enforcement, which is the same gossiping little girls (men) who told 95 possible future employers, private and Govt, not to hire me. So I retrained in other field and won internship with State Dept in Protocol Dept for Sec. Rice and my former agency blocked my TS clearance. I filed FOIA and of course they refuse to give me reason for denying clearance, as it is by Executive Order, etc BS!!!

I think the only resolution MI is to work for a temporary agency in any job at first and build up a clean slate of references and then perhaps move to another town if yours is really small, and start anew with new references. Who knows maybe your temp job will turn into perm work:-)

Also, I spent alot of time reading the book of JOB, in the Bible. I have been unemployed for 14 yrs but am getting paid federal disability for back injury. I am A type personality and LOVE to work and speak Arabic and worked for DOD for 20 yrs, since my 20's.

Keep the faith, God is great and will get u thru it, as he has me. I really LOVED my job and was good at it and some A*** hole harassed me and thought I was his romance toy, so i reported him, tryed to negotiate settlement with my agency, but they stuck with loser sup so I sued and won the federal lawsuit (battle) but lost the career war (war).

Dear rapunzel007: Your story sounds pretty awful. You state you won the battle (lawsuit), but perhaps lost the war (career). Well, know that your persecutors may have won the battle (temporarily protecting their arsses via shifting the blame to the victim), but are losing the war (with their personal consciences)! AND know that although you may seemingly have lost the battle (career), you can still win the war (victorious life despite persecutors).

I'm glad you have read Job, but I hope you are reading it in the correctly-interpreted light. Note that Job's "friends" postulated that he was having his troubles because he was "being punished by God," or because he "did something wrong to deserve it," and a few other ridiculous theories. But note (if you finish the book of Job) that the end game of the story was that he was simply being sifted by Satan (via various events and perhaps even via some willing pawns) because Satan's goal was to determine if Job only loved God because of all the BLESSINGS God had heretofore bestowed upon him. It was determined that Job loved God because: Job loved God, period. Job stood strong against the attacks of Satan and refused to blame God or blame himself, and refused to grow cold in his love for God, and refused to buy into any of his "friends'" ridiculous theories offered for his plight, and GOD RESTORED EVERYTHING JOB LOST--SEVERAL TIMES OVER, such that not only was Job one of the most blessed men in the land to begin with, but he was even MORE blessed than he PREVIOUSLY was once Job passed the "test" put forth by Satan. The test was not sponsored by God, but by Satan (yet God allowed for the test to go forward so that, in the end, God would be glorified and Job would be vindicated). The point in the Book of Job of bringing forward the various "theories" offered by Job's "friends" for his plight was to DISPROVE them. If you want to identify with Job, identify with post-victory Job, not temporary victim Job! Stand strong!

Dear Stang Girl,

I thank you very much for your message. You are absolutely right I do need to FOCUS on the POST-VICTORY JOB!!!

So, now I am changing my attitude and communicating with a Pastor of a great church regarding Ministry in the Middle East. I FINALLY GET IT!! God wants me to work for HIM not the GOV'T!!!

I guess I am kind of slow. It came to me while reading Matthew 6:33, yesterday.

I thank you again for taking the time to respond to me and for caring about me.

So, how are things going for you and how can I help you?

Sincerely,

Moniqua Christensen

To Moniqua Christensen:

The world is always telling us through the media and entertainment and our acquaintances how we should be successful in work, but the "normal" steps toward career success don't always work for everyone. Sometimes when nothing works (whether it's due to blackballing or other things), it can be a sign you are meant for much bigger things. That might be the case with you.

You certainly had all the education and background and experience and other "cred" to have an important position and a great career, but a big wall was put up. You pushed against the wall and it wouldn't move. Then you went back to your spiritual roots and sought some Word and Godly revelation on the issue, and that's when you "saw" that you are probably meant for the ministry. Of course, not all Christians have to be in the ministry (or else how would the world ever be exposed to demonstrations of how to life life by the Word). But if you ARE called into the ministry, using your Middle Eastern knowledge, and using your experiences having worked for the government, and using your experiences of having been mistreated in your career by superiors, then that's a great blessing and opportunity!

At the very least, it is important to get back to basics and to really gain a thorough understanding of how the Kingdom of God operates (by faith in Word-based promises, covenants). So Matthew 6:33 will be helpful in pointing you toward learning more and more about the Word so you can move from glory to glory, whether it's in the ministry, or in the world of work, or marrying well! No matter what path you end up on, it's going to benefit you to learn how to operate in the Kingdom of God, and that's what Matt 6:33 is about: learning how to do things God's way and learning to the live the "God Kind of Life" rather than operating in the flesh and with worldly logic only -- like the world. Then God's provision takes hold!

Rapunzel007 in Torrance, California said: Dear Stang Girl,

I thank you very much for your message. You are absolutely right I do need to FOCUS on the POST-VICTORY JOB!!!

So, now I am changing my attitude and communicating with a Pastor of a great church regarding Ministry in the Middle East. I FINALLY GET IT!! God wants me to work for HIM not the GOV'T!!!

I guess I am kind of slow. It came to me while reading Matthew 6:33, yesterday.

I thank you again for taking the time to respond to me and for caring about me.

So, how are things going for you and how can I help you?

Sincerely,

Moniqua Christensen

I enjoyed your story too. Even if mine is kind of different where I was dismissed from my job as a bus driver following a fender bender in Feb. 2011.
Since then it has been very difficult here in Sactown, to find work again. many people tell me that in my profession here, "It's not what you know. It's WHO you know." I get that part. But I also hate to think that my age or even my ethnicity might also be working against me sometimes. I guess that would be more discrimination than blackballing. Or would it just be a mix of all those things..?

Dear Ready4u58 in Sacramento, CA:

It definitely COULD be a mix of discrimination and blackballing and the recession.

My guess is that the blackballing is coming from the fact that your former employer is "badmouthing you pre-emptively" to potential employers in an effort to prevent you from remaining in the same field where you might come into contact with individuals who may know people from your former employer and to whom you might express concerns about your former employer's safety program/efforts/training. It is much easier for your former employer to toss one employee (and get them to totally blame themselves only) than to look at and spend the necessary funds to improve their safety program/training program.

In any event, it CAN be about WHO you know, which is good news for YOU because YOU know GOD! And THAT "who" is above any OTHER "who's"!

Stang Girl in Phoenix, Arizona said: Dear Ready4u58 in Sacramento, CA:

It definitely COULD be a mix of discrimination and blackballing and the recession.

My guess is that the blackballing is coming from the fact that your former employer is "badmouthing you pre-emptively" to potential employers in an effort to prevent you from remaining in the same field where you might come into contact with individuals who may know people from your former employer and to whom you might express concerns about your former employer's safety program/efforts/training. It is much easier for your former employer to toss one employee (and get them to totally blame themselves only) than to look at and spend the necessary funds to improve their safety program/training program.

In any event , it CAN be about WHO you know, which is good news for YOU because YOU know GOD! And THAT "who" is above any OTHER "who's"!

I appreciate your viewpoint Stang Girl. But It just makes me so tired that people who are always claiming to be so decent and law abiding dont mind trampling others, especially on racial or vocational slanderous levels. And thank you also for the spiritua encouagement as well. God bless you :)

I guess if we were Jesus, we'd say "Forgive them Father, for they know not what they do."

Yes, it's unfortunate that those who claim to be so law abiding actually BREAK the law - a lot - in an effort to not suffer the consequences of their previous actions (which were usually ALSO illegal). That shows you they are only law abiding in SOME respects, but not ALL. It also shows you that they are relying on their own schemes and wits to get them through life, and they are NOT relying on God. So you can at least feel sorry for them that they are not operating in a manner that will ultimately bring them any victory in life longterm.

So you are miles ahead in that you DO trust God, you DON'T rely on people who are unreliable and are only out to protect their butts, and you know the true Source of all victory and blessings.

Try praying for your tormentors (I know it will be difficult), but it will open up the windows of Heaven's blessings on you in every area of life (including your career). After all, no matter WHAT anyone does to us, it is much less than the debt we owed God before we accepted Christ. If we want to enjoy the full benefits of that debt cancellation, then we must be willing to forgive and pray for those who have stepped on our career toes. You may not "mean it" when you first pray for them, but over time you WILL "mean it." Just do it anyway, you'll feel better too!