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Ask Ella: Can Former Employers Bad-Mouth Those Who Leave?

Man, Father Lose Job Offers After Giving Notice

POSTED: 12:28 pm EDT October 4, 2004

Dear Ella,

My fiance and his dad work for a company that they feel has been treating them unfairly and favoring other workers. A few months ago they found another company in the same field to switch to. The new company offered them better pay and better benefits, as well.

However, the same day that they were hired at the new job and put in their notice at the original job, someone in the original company found out. A few hours after getting hired, they received a phone call from the company that had just hired them. They said that the deal was off because someone from the original company called them and bad-mouthed them to the owner of the new company.

We don't know exactly who called what was said, but it caused my fiance and his dad to miss out on a great opportunity. I know that my fiance and his dad didn't do anything illegal or harmful to the company that would justify this kind of action. Is this legal? Is there anything we can do?

Dear Missed Opportunity,

Sounds like jealousy reared its ugly head and sabotaged career opportunities for your family members.

Since references are usually checked before offers are made, an unknown source called the hiring company's management directly and bad mouthed the new hires.

If your father and brother can prove that references provided by them were in fact checked and found as good before an offer was extended, they may have a legal course of action against both the hiring company and their former employer for interfering with their gainful employment.

Usually, if a prospective candidate does not provide references, the HR department at the candidates' current company is contacted to gain confirmation of employment dates and positions held. To avoid legal ramifications, many companies provide no other information to an inquiring prospective employer than name, rank and serial number, so to speak.

Contact an attorney who specializes in employment law for professional advice and to determine a suitable course of action.

Dear Ella,

Is there a possibility that since being laid off I may be exhibiting signs of depression on interviews? I have been on three interviews this month and bombed them all. The jobs were given to someone else. I am not sure whether I am struggling to get past the depression hurdle. I am taking antidepressants, but would that have any effect on an interview?

Dear Hire Me Please,

Being laid off or fired from a job is a blow to anyone's self-esteem. That lack of confidence can translate during the interview process as you explain the reasons behind your termination and make you look guilty and powerless.

People get laid off for many reasons that have nothing to do with their performance. Being let go doesn't mean you're any less capable of doing the job you were hired on to do. It may just mean that a company was having financial difficulties, a project was cancelled, the company moved or was acquired by another, or the business model changed.

Whatever the reason behind your termination, it's best to wait a while before beinging a new job search so that you can rationally reconcile what really happened to cause you to lose your job, take a step back from personalizing the experience and forge a new strategic professional tact.

Seeking professional guidance during this difficult time with a career counselor or life coach can help you to take the onus off of yourself and use that energy in the pursuit of more positive goals.

Private Career Coaching Workshop With Ella Kallish

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Written By Ella Kallish
For more information on Ella Kallish go to AskElla.com.
Ella Kallish is available for corporate and group seminars.

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