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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Default Ex-Employer Giving False Statements to Background Check

    My question involves defamation in the state of: Virginia/Maryland

    Here is the background: I used to work for a so called friend/ex-employer as an IT consultant in his small (one man company). I also helped him grow by referring people and also getting him a project where he even placed two onsite and two offshore consultants at one point. Reduced to 1/1 recently. After I joined him in May 2013, i started seeing the way he does business (Unethical and untrue marketing and cheating customers), i decided to quit on a better term and not associate with him any more.

    Later in June, another friend of mine approached me and offered me a contracting position with Dept. of treasury through his company. The process took 2 months and on Aug 14th, i sent a mail to my friend (current vendor) that i will be joining this project on Sept 15th. I even forwarded the mail to my ex-employer. My ex-employer wanted me to route the federal contract through his company which I denied stating i wanted to start my own (not realizing that this could cause him to start bad mouthing about me)

    On 16th Sep 2013, I joined this new federal project and got a mail from my ex-employer on Sept 20th 2013 that my benefits/payroll will be terminated on Sept 30th 2013 (last payroll). So, all was well from my standpoint.

    Yesterday, I got a mail (in post) from federal Background Check (BG) dept. that I have not provided complete information about my past employment and that my ex-employer has indicated that they fired me from my job and I did not inform the same on my application. They wanted me to explain as to why i was deliberately hiding the fact that i was fired (Which i was not aware). I replied back stating that I joined the federal project on Sept 16th. I have pay roll from my previous employer until Sep 30th 2013 (Which in my opinion indicates that i was not fired). I was not aware that i was fired from a job that I left voluntarily.

    Is there a case for me here against my ex-employer, if the BG team comes back and says that they still do not believe me and end my contract
    Is there a case for me here against my ex-employer, If the BG team approves my supporting documents and lets me continue my work.

    Basically, how do I get back to my ex-employer for the 4+ nights of agony and stress that he has caused me. I am not sure how long the BG Check team will take to fire me or keep me on this project but that wait is killing me mentally (may be through this week or next).

    Please help

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Employer Giving False Statements to Background Check

    What evidence do you have, other than the date you were removed from payroll, that your employer did not fire you? Did you submit a written letter of recommendation? Do you have an email record or other written record in which your employer acknowledges your resignation and notice period?

    Please note also that you can be fired after giving notice. Your employer may be taking the position that it accepted your resignation, but fired you during your notice period when it became clear (as an example, I'm not sure what they would actually say) that you were appropriating clients for your new venture that you should have referred to them as your employer.

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