Is this legal

My MIL worked for a major baby clothing brand as one of their top sellers for 30yrs, she was in charge of million dollar contracts with babies r us, target and berlington, now she had a sexual harrasment suit filed against them a very long time ago, everything was documented with HR and her lawyer, then about 2 years ago they layed her off, because they said she wasnt performing well....anyway she has tried everywhere to get another job and she says everyone loves her on interviews but then they call this company for reference and they say bad things about her so she never gets the job, they basically have been blocking her from getting a job for two yrs and she is about to lose her home, I told her to tell her lawyer and she said she does, but why is this still allowed?

Re: Is this legal

at my old company, we could only say so and so worked ther and for how long. If the future employer asked if we would rehire, we were only allowed to say yes or no. No details were allowed. Does she know for a fact that the old company is badmouthing her, or is she just guessing since she is not getting hired?

Re: Is this legal

I dont think she knows for a fact i guess just guessing

Re: Is this legal

When she fills out the application and puts her past history, when they ask if they can contact a past employer, can she put down no? If they question it, she can tell them honestly what happened, and tell them she has the documentation. That way she is not hiding it, and she doesn't have to wonder if the old company is bad mouthing her?

I've put down 'no' for a request to contact a past employer and still got the job.

Message edited 12/23/2009 4:06:02 PM.

Re: Is this legal

ok thank you i will ask her

Re: Is this legal

Her lawyer should look into it because the company can be sued for defamation of character.

They can decline to give a reference or any information but they are on thin ice if they are actually preventing her from getting a job by giving any false information.

I would nip it in the bud by giving alternate references from the job.

Re: Is this legal

i believe a law was passed where you can only confirm dates of employment....

IF i were her...i would pretend to be a company and call the reference she has down and see what they have to say!!! and i'd record it (i think this is illegal though).

i'd want to know if a former company was saying negative things.

Re: Is this legal

Re: Is this legal

This is going to sound strange, but I would try googling her name and see if anything weird comes up. It's possible that the company isn't bad mouthing her, but a quick internet search might be coming up with something that is turning employers off.

Re: Is this legal

From my history with getting jobs, places have only called the people I have provided as references.

Every employer I've had has also told me it's easier this way to NOT have to deal with HR at a previous company, and often people are more easily accessible this way (like if you give out their personal cell).

I always put the places I have worked, and that they are allowed to contact them on the application, but as I said, I've always been told they go with the references I provide.

What kinds of jobs is she applying for? I hate to even say this, but do you also think the fact that she is older could have something to do with it? Or that employers see a large gap in unemployment and make negative assumptions based on that?

Re: Is this legal

I would have someone call her past employer and pretend to get a reference from them and see what they say.