I can't sleep, I am so angry

[Anonymous]

My husband was let go from his job a few months ago. He was told that the two man team he was working in, was being reduced to just one, and since he was there the least amount of time he would have to go back to his old position. His company lost the contract for his old position, and consequently he was terminated from the company. Well, the person he was working with, was completely inept, and the company was upset because there was a succession of people who had to clean up the mess of the other guy.

So, my husband has had job offer after job offer, and each time they call his old company, is offer is rescinded. Now, that he has filed for unemployment, he has been denied, because the company said he voluntarily quit. My husband and I were talking about needing to get an attorney, because it definitely seems as if someone in this company is trying to sabotage him. I just feel awful for him, because I know he has a strong work ethic, and a drive. And before anyone asks, no I have never worked with him, but my sister has.

Does anyone know what type of action he should be taking?

Any positive advice would be appreciated. We have enough money to support ourselves for the next four months, but that may be all. I have applied for jobs as well, since I am a SAHM. I haven't found anything either, not even retail or fast food jobs.

[Anonymous]

I would consult an attorney. I would also call the hr department at his previous company (as long as attorney says this is okay) and ask what they say to employers who check references--I am not an hr expert but my understanding is that they are only allowed to say dates you worked, your position at the company and if you were an employee who could be rehired again. He could also inquire why they are fighting is unemployement and saying that he quit--maybe there was some kind of misunderstanding in their files. Finally, I think he should contact one of these companies who gave him an offer that was recinded and ask why--he may get some pushback but sometimes people are candid--they may say "his old company said he quit or said xxx about him"--it may help for a claim or make a legal letter going to the company warning of a lawsuit next time they spoke out of turn in regards to his employment.

[Anonymous]

The PP has provided a lot of useful advice. Another option for now that may help is for him to sign up with a temp. agency. This is a good way to get a job with an employer that you get to know before hand. For references, you may want to consider giving names of people he worked for before his most current employer. Does he have any written evaluations? If they were positive evaluations, I would have him show a prospective employer that evaluation. A former manager once told me she puts more weight on the evaluation than a reference. I know every industry is a little different.

[Anonymous]

An employer is not limited to providing only dates of employment to prospective employers. Some have made that their policy, but it's up to the employer. I would have him ask the people who didn't give him jobs for feedback. Also, I know you can hire people who do reference checks for you. They basically look at the entire package and try to figure out why you're not getting a job. A component of that is to actually call your references as if they are an employer. Your husband can also meet with his own employer and explain the situation. Maybe they can agree to simply state, to future prospective employers, that their policy is to confirm dates of employment only and do just that, since they appear to be giving him a poor reference. I wouldn't characterize it as sabotage if they simply didn't value his skills and abilities and convey that message. If you do get an attorney, that would be my angle. To simply get an agreement from the employer to confirm dates of employment only. But be careful, you don't want them saying, "we have an agreement to only confirm dates of employment." That would send up red flags. Good luck to you.

[Anonymous]

Why would an employer be limited to such information? An employer who is asked for a reference is entitled to tell the truth, and can only be sued for defamation of character.

The relevant question is -- is your husband's former employer defaming his character -- by telling untruths about his former employment?

Why not call the former employer yourself? Simply state "I am Jane Smith, supervisor from ABC company, and I am considering hiring Joe Schmo [your husband's name] Could you tell me how he performed assembling widgets for your company? Was he easy to get along with? Punctual? A good performer?

Do they answer these questions truthfully?

If not, then you have grounds for a lawsuit.

If they answer these questions truthfully -- if they offer fair criticisms of your husband's performance -- then I'm afraid you have no grounds to complain.

[Anonymous]

On the subject of "terminated" vs "quit voluntarily" - did your husband perhaps sign something saying that he indeed was leaving "voluntarily"? If not, you have grounds to appeal the unemployment decision since it's clear (from your description) that he was definitely let go. He should call the company and find out what they have as the official reason for departure. Some employers give fired employees the option to "resign" so that their hr file would reflect voluntary departure and not being fired. Also, if he got any severance, that may possibly disqualify him from unemployment (but I would file anyway).

I also second the suggestion to call pretending you are a potential employer and see what kind of information they give out.

Good luck!

[Anonymous]

I like the idea of calling them and pretending to be a prospective employer. Sounds like a good idea. I honestly know my husband isn't perfect, and I am not blind to it.

As far as his resigning, over being fired, he was fired. He has a letter of terminination, from the company, stating as much. I honeslty think, and I could be wrong, that they are angry because they were burned with letting him go, and keeping the other guy there.

[Anonymous]

Did your husband sign anything that says he quit on his own terms (voluntarily)?

He needs to get a copy of the termination paperwork and see exactly what he agreed to - assuming he signed off that he was no longer working for the company. Does the paperwork say he quit/resigned? Did the company fire him - if so, why? - if it isn't a job performance reason than, if not, then your husband should qualify for unemployment).

Definitely get things documented and get a hold of them to see exactly where you stand so you can separate fact from speculation.

[Anonymous]

8:32 again.

If your husband was fired, and prospective employers are being told that he was fired, that is probably why they are not hiring him. And if this company can say that he was fired through his own fault, his unemployment will be denied.

Is there a manager or supervisor in the company, other than the top brass, who your husband can contact and ask for a recommendation? Someone he knows will talk him up 100% positively? I really think he needs to do that. It's a mistake to let prospective employers call just anyone in a company your husband left on somewhat negative terms.

[Anonymous]

He was let go I guess, not really fired. The contract changed, and then his old position, the company had lost the contract for. Because of this they fired him, or let him go, he did not resign, and did not sign anything stating the fact.

I think the big issue was that where he was working, because the company left someone so incompetent, the company lost the contract for that position as well. The one mistake I know that was made, was that my husband complained about the co-worker, and said that he was making his job more difficult. I don't want to get into specifics, so that no one who knows exactly who I am speaking about, but DH told me that this co worker took six hours to do something as simple as loading staples into a stapler. Now this wasn't what was done, but it is something that was just as simple. This other person also didn't have all the certifications my DH does, and wasn't as educated. He was just more personable, and there longer. The company got burned, big time, and I think that there are some people there that are just angry with the entire situation, and placing their anger on my DH and not where it should be.

I still can't believe that we have paperwork stating that he was terminated, and they are saying he voluntarily quit. Thank goodness we put away enough money to cover us for several months should there be situation like this.

[Anonymous]

Great employment lawyer to call is George Chuzi in DC. I think the number for his law firm is 202-331-9260, but you can find it if that doesn't work. good luck.

[Anonymous]

Both you and your husband should try temp agencies. If you find a job first, take it. Once your husband finds a good job again in his field, you can leave your job to be a SAHM again. My husband and I were recently facing the same problem after I recently left my job. Everything will be ok.

[Anonymous]

is there anyone else that he worked with that he could use as a positive reference? i would find someone to list that would be able to give a fuller honest picture, even if it was a coworker instead of a supervisor.

[Anonymous]

I don't have much to add except that you should *definitely* appeal the unemployment. Chances are, it will go through the 2nd time, its just not worth the hassle. My mom works in HR and this is standard policy at a lot of offices. Automatically deny it the first time, but if anyone appeals they just let it go right through. Its amazing how many people don't bother to appeal.

Being "let go" or "laid off" still qualifies you for unemployment. In fast, that's the best case. If you are fired "for cause" and they can prove it, you could be denied unemployment the same as if you quit.

Good luck!