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As someone who has personally been the victim of the kind of defamation I can tell you that it can absolutely gently caress up someone's career prospects and that it's better to err on the side of letting someone's history speak for itself rather than allow employers to talk amongst themselves and determine who's worth employing If you're a chronic fuckup your history is going to follow you, you're going to have a lot of short employment stints and competent HR and interviewing can weed those people out most of the time. On the other hand if you're starting out in your career, get fired illegally and don't exactly have a ton of references while your former employer harps on to anyone that calls saying ridiculous things that can absolutely destroy your prospects. Oh but it's as easy as getting a lawyer and making them stfu. Well, lawyers cost time and money, and when you don't have a lot of money and certainly don't have any money coming in that's not an easy battle to win. So how bout we don't let employers share lists about why so and so is terrible at their job and shouldn't be employed.
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Jul 10, 2015 17:46
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Effectronica posted:You can't stop them from talking, realistically. Doing so would create more problems than it would solve. So the question is how to prevent abuses. The long-term answer is, you know, ending the capitalist system etc. You are correct. And it is possible to prevent/limit abuses with appropriate and effective policing and monitoring which is exactly the route I had to go down. But as was said earlier, there's a myriad of reasons why a person may be considered a fuckup by an employer and in some cases may simply come down to a bad fit with the working relationship and environment. That "fuckup" in another environment may very well be of great value and excel.
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Jul 10, 2015 18:01
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Adventure Pigeon posted:Yes, it is. It's also an unofficial channel. An "effort to persuade" still has a devastating effect on someone's career prospects, especially in a competitive market. No problems talking about it. It was my first real big boy job and even though I knew it was a bad employer it was still experience which I badly needed. I was fired for being hospitalized with swine flu on new years eve and being unable to respond to an emergency from one of our clients. When I recovered and was able to look for new jobs I was unable to get any interviews. I found out that when he was called regarding me he would lash out with stories of me being perpetually high at work, stealing company property and just being a generally unreliable employee. It's not like I could not have that job on my resume though, it was the ONLY job I'd had in my field at that point. And it was for 3 years too, future employers are going to want to know what happened. I had to get a lawyer and sue and I did find out that as someone mentioned above, at least in New York State, it's illegal to say anything negative about a former employee, only whether or not you would hire them again given the opportunity. That was on top of all the other illegal stuff he did as an employer which is another story. But part of the settlement was that he had to write me a glowing recommendation because I truly was an integral and indispensable part of that company for the better part of 3 years. And to enforce the order for him to shut his vengeful mouth my lawyer had me get friends and family to call him every so often posing as potential employers asking for a reference while recording the conversation. Anything that wasn't a simple yes/no answer would have opened him up to a fresh lawsuit. Lo and behold once that stopped I was able to find a new job.
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Jul 10, 2015 19:24
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