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  1. #1
    Join Date
    Jul 2014
    Posts
    28

    Default Ex-Employer is Violating Our Separation Agreement

    My question involves labor and employment law for the state of: California

    While working for an past employer, I filed a class action lawsuit that was eventually settled and I also negotiated a severance agreement to leave the company.
    In it my former company "agrees to follow its normal policy of providing dates of employment and positions held by me to potential employers who may contact the company about me and not to provide any further information, including and without limitation, mention of the lawsuit or disparaging comments about me."

    I believe that's exactly what they have done several times, causing the loss of potential employment. I recently found out from a former co-worker that he had heard I had applied to a company and had been prevented from getting the job. There is no reason that he should have known about what had occurred. In fact, I didn't even know why I didn't get that job up to that point. The fact that he even had any knowledge was especially troubling when he's not even a member of management.

    In 2012, I applied for a job I was perfectly suited for, was interviewed and hired on the spot. They even sent me for a drug screen. When I inquired about my start date, I started to get the run around and never allowed to begin working. Although I suspected my former company, I had no proof and chose to just move on.
    I recently got an email from a different manager of that same company who had found my resume online, felt my skills were perfect for the position he has open and invited me to interview. Its clear that he's unaware of my previous interview or that I had been hired and never allowed to begin working.
    I interviewed yesterday, and then provided with all the paperwork to fill out to begin my background check. I am fairly certain that once I do and they contact my ex employer, I will once again lose the job.
    Should I try to use this advanced knowledge to my advantage in order to gather evidence that will prove my claim of retaliation, contract violation, and equal employment opportunity?

    Do I have any recourse against their actions and what steps should I take to protect myself?

    Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Ex-Employer is Violating Our Separation Agreement

    I'm afraid your "proof" of interference from your former employer has escaped me. You want to point it out?

  3. #3
    Join Date
    Jul 2014
    Posts
    28

    Default Re: Ex-Employer is Violating Our Separation Agreement

    Sorry, I wasn't implying I had proof already. I was referring to how I might be able to gain some advantage of the same situation occurring twice. I don't believe that there is another explanation for this employer to be so interested they hire me and then suddenly just give me the cold shoulder other than my ex employer poisoning it. I have no criminal background, have not lied about my qualifications, a clean dmv report, and good credit.
    I wasn't looking to try and trap them. They reached out to me.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Ex-Employer is Violating Our Separation Agreement

    But the same situation has not happened twice. You have not yet been turned down for the job. You've just decided that this is what's going to happen.

    Have you ever heard of a self-fulfilling prophecy?

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Ex-Employer is Violating Our Separation Agreement

    Generally, when such an agreement has been reached, one is directed to refer all employment inquiries to the corporate HR office who has the paperwork directing them how to proceed. If you list any other address or contact info, you risk contact with a company employee who is not privy to the disclosure agreement. I would see how you are listing the contact info in your resume etc..

  6. #6
    Join Date
    Jul 2014
    Posts
    28

    Default Re: Ex-Employer is Violating Our Separation Agreement

    Response to cbg: I don't want to lose the job, but this is not an isolated occurrence so at some point, I have to accept that it is happening and decide what I can do about it. I thought it would be wise to consider my options to take full advantage of such a unique situation. To have this happen twice with the same company, especially since they contacted me. Since retaliation is such a very difficult thing to prove perhaps this could be my opportunity if I play my cards right, to get the proof I'll need of what they are doing.

    Response to Disagreeable: You make a good point. But, You'll love this part, a large part of the lawsuit and why the company settled was the complete incompetence of the HR department. I pissed off a lot of execs in that company, but its the HR department at the top of the list. That's why I specifically had the clause I put in my original post, be included in my severance agreement. For all the good it did at this point though.
    I chose to take a stand against the illegal and unfair treatment of my fellow co-workers and myself. I filed the lawsuit not to get rich, but to put a public spotlight on the wrongful actions in hopes they would cease or be fixed. I knew my actions would cost me my job. I tried to make it worth while by leaving something behind that was a little better for those still there.
    I wasn't the one who took advantage of others through illegal actions. I did the right thing. But should it cost me the ability to ever get a decent job?

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Ex-Employer is Violating Our Separation Agreement

    The problem is, as Dis posted, that your potential employers may be reaching someone who has NO idea about what is in your settlement. You need to try and identify a single person who is aware of the settlement, has the authority to do referrals/references and is willing to do so to have potential employers contact.

    It's also possible that they are providing what they are supposed to and the potential employer just didn't like it. Maybe they asked for additional info and got a "We're not allowed to comment on that" which scared them off.

  8. #8
    Join Date
    Jul 2014
    Posts
    28

    Default Re: Ex-Employer is Violating Our Separation Agreement

    Update: I was wrong. I can admit it, and thankful that I was wrong and cbg was right! I successfully passed the employment history and background check. It seems my former employer did not poison my opportunity for the job and I was getting ahead of myself and jumping to the wrong conclusions. Thank you for the very good, and very correct advice!

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Ex-Employer is Violating Our Separation Agreement

    Congratulations!

  10. #10
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Ex-Employer is Violating Our Separation Agreement

    Quote Quoting techchic
    View Post
    Update: I was wrong. I can admit it, and thankful that I was wrong and cbg was right! I successfully passed the employment history and background check. It seems my former employer did not poison my opportunity for the job and I was getting ahead of myself and jumping to the wrong conclusions. Thank you for the very good, and very correct advice!
    Well, now I am even more curious about this post.

    http://www.expertlaw.com/forums/show...ht=#post847451

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