I'm currently employed, but looking for a part-time position to supplement. The job app, of course, wants to know past positions, including name of manager. Well, the position I had as an RN with a large dialysis company is my longest position to date. It was a brutal job, poor staffing. I was the only RN under a very dysfunctional clinical manager, who had some serious peronality problems and very passive/aggressive. The nurse before and after me left for exactly the same reasons. What I want to know is, is there a company I can hire that will check out my references to see what they are saying about me? Since I had never missed work while at this job, and had excellent reviews, is it legal for the clinical manager to dis me to a potential employer? If this is occurring, do I have recourse?
I'm currently employed, but looking for a part-time position to supplement. The job app, of course, wants to know past positions, including name of manager. Well, the position I had as an RN with a large dialysis company is my longest position to date. It was a brutal job, poor staffing. I was the only RN under a very dysfunctional clinical manager, who had some serious peronality problems and very passive/aggressive. The nurse before and after me left for exactly the same reasons. What I want to know is, is there a company I can hire that will check out my references to see what they are saying about me? Since I had never missed work while at this job, and had excellent reviews, is it legal for the clinical manager to dis me to a potential employer? If this is occurring, do I have recourse?
i wouldn't hire someone to check. how about getting a friend to call and check? what's the difference? they're both phoney - correct?
another option (and the route i've taken) is on an application that asks, "may we contact your previous employer" check "NO" instead of "yes" and then underneath write "only upon interview. would be happy to discuss."
that way they know there might be an "issue" but they get your side first. if you check "yes" then they call and get a bad reference-you're done for. if you check "no" with an explanation - they can see if your explanation matches up. i have done this, and after speaking to references (people who worked at the same place) i was hired- because the references backed up what i had to say.
I would recommend calling the manager or HR yourself and ask what they would say in a reference. If they are willing to give a positive or neutral reference, ask them to put it in writing for you to take with you to a prospective employer.
If a former employee called me and asked what I would say in a reference, I would be honest.
To clarify what a previous poster said about states limiting the information that may be given in a reference, that is a common misconception. I know of no sate or federal law limiting what information may be shared in a reference, under 2 conditions: the candidate must give permission for the prospective employer to contact the former employer for a reference, and the information must be true. Some companies limit information to dates of employment and eligibility for re-hire in order to protect themselves from libel or slander suits, but these are company restrictions, not laws, to my knowledge.
Some states have even passed legislation placing legal responsibility on employers who give false positive references in order to "get rid of" employees with questionable work histories. This came about after a nurse was dismissed from one hospital where he was suspected of harming patients and given a good reference to go elsewhere. He killed patients at the latter hospital.
i agree with this also. i have gotten a written reference in writing from a previous employer (whom i received unemployment from and was worried about them being retalitory bc of that) and i have also called and flat out asked a former mgr. if he'd give me a good reference. i wasn't "fired" but i was asked to sign a paper that i didn't agree with. it's a long story, but basically, if i didn't sign - i couldn't work for them. i chose not to sign. however, i was a good employee. i had a good relationship with my mgr., but i just wanted to know - so without beating around the bush, i called him, explained to him that i needed the job, and i wanted to know what he would say.
Actually, I've been told by two jobs (in TN) that all they were going to put were dates of employment, and that they were NOT supposed to give reasons. They said legally, they couldn't tell other companies if I was fired or not, only the dates worked, and that I no longer work there. This was straight from the nursing manager and HR of the company.
So I'm assuming that poster is correct. At least here in TN, that is correct at least. I mean, I'm sure some managers still drop hints if they don't feel they should work somewhere else. Legal? Probably not.
Again, what an HR department chooses to say and what they are legally prohibited from saying are two different things.
As Eriksoln said (above) this is one of the biggest urban legends of our time. There are no laws limiting an HR department to names/dates, etc.
WOW - excellent discussion. I'm SO glad I asked!! Great ideas, I am filling out my application as we speak. I've also gone on the web and found a couple of reference check companies - it doesn't cost all that much to have them check your references, surprisingly! Also, I wonder - do any of you know if your yearly review and raises would be sufficient "evidence" to show a prospective employer that you were a decent employee in the event of the backstabber manager?
I had always felt that I could potentially be thrown under the bus while working under this manager and KNEW I had to leave. Two very serious potentially life-threatening incidents happened while I worked there, and I tried to report, first to the manager (who naturally blew me off) and then to upper management who also blew me off. So yeah, now that I'm thinking about this more, I do need to act on this and see what they are saying. Thanks again, all. .
For about $80, you can hire one of the reference checking firms to check out your reference. They will provide you with a written report of the results. I found out the hard way that a former manager who had promised me a good reference was doing the opposite. A prospective employer informed me that he was sabotaging my employment efforts. So I had to engage an attorney for a cease and desist letter that was sent to the legal department of the former employer. Not very many prospective employers are going to let a person know that they are being blacklisted.
I am currently under the duress of this kind of mess myself. I posted a few days ago (in MDS coordinator forum) about the ruthless manner in which the facility I was working for as an MDS coordinator handled and treated me last week. All this valuable experience will float downriver if I can't list them as my former employer to contact. They flat out terminated me within 15 mins of passing successful state survey. They used me to get their MDS and care plans all pristine for state (to which became very clear and apparant as the facility was is chaos and clinical/charting disarray upon hire) and in 7 minutes of being called into Admin office I was walked to the time clock, hand over my badge, give the office key back and never allowed me to let me show them the care plan I had printed off that morning sitting on my desk to show them, indeed was done by the due date (this is what they stated as the reason for termination!) I wasn't even allowed to shut my computer down with a patient's MDS glowing on the screen and remove my personal belongings. I have to go back there to get them and sit in the parking lot and have the HR gal bring my items out to me. And they prevail in spreading the dirt about you to a prospective employer. Now I may have to do all the creative maneuvers stated on this post and really don't know which route to take in persuing new employment. They've also denied any former employee's unemployment claim also. How is it that decent former employees have no recourse or protection. It's bad enough we nurses have to protect our license every single shift we work, and now we can't even protect our names or our reputations. Rediculous.
Newtress - I am SO sorry this has happened! Wow - what a horrible company. This is an extreme example of "employment at will". .sheesh. Best to you on your search.
JSlovex2
218 Posts
i wouldn't hire someone to check. how about getting a friend to call and check? what's the difference? they're both phoney - correct?
another option (and the route i've taken) is on an application that asks, "may we contact your previous employer" check "NO" instead of "yes" and then underneath write "only upon interview. would be happy to discuss."
that way they know there might be an "issue" but they get your side first. if you check "yes" then they call and get a bad reference-you're done for. if you check "no" with an explanation - they can see if your explanation matches up. i have done this, and after speaking to references (people who worked at the same place) i was hired- because the references backed up what i had to say.