| CAREERS NOW 04-29-09 |
|
How a Fired Employee Can Leverage a Good Reference |
There was inadequate training and supervision, and a history of "hires and fires"
of employees within the first 90 days.
How dangerous is it for me to omit the three-month employment from my resume or on application forms? - J.T.
I've asked Jeffrey G. Allen, author of the revolutionary new paperback "Instant Interviews: 101 Ways to Get
the Best Job of Your Life" (Wiley) and "The Perfect Job Reference" (Wiley) to reply. Jeff is the
world's leading placement attorney.
Here's what Jeff said:
"There's no informal way to force your ex-employer to legally 'meet and confer.' That's good news, since this
is not the way to resolve a bad rap from your ex. Even if your ex consents, there'll be an employer lawyer there
for sure. You'll sit there watching two dressed-up penguins doing a mating dance, paying for a performance that's
likely to end with you cleaning out the corporate Kleenex.
"You want a power position, and you absolutely want to control the dialogue. The way to do it is with a candid,
tough, well-constructed letter from your attorney to the CEO (or owner). No lawyer reads it first, and you hit
hard and fast.
"The letter cites the applicable statutes and cases in your state that acknowledge the total control (and
therefore responsibility) of an employer over hiring, training and supervising its employees. It weaves in the
facts of your employment, starting with the interview. Particularly the dates and times of the many broken promises.
(How'd I know promises were broken? Employers always overstate something.)
"Lies that people rely on are called 'fraud' in legalese. That is a very bad word, and in your lawyer's letter
it will tend to generate a return reference letter. Upon its receipt, call and ask for another unfolded one so
you can frame it.
"Now, let's assume your ex is really headquartered in Lalaland, and dares to give you a bad rap. Your lawyer
will need to drop the law of 'defamation' or 'defamation of character' on him or her.
"There are two types: 'libel' (written) or 'slander' (oral). Since employment is considered so important,
false statements of fact are presumed to be malicious. This invokes unlimited punitive damages (to punish) and
exemplary damages (to make an example) of your ex. Ergo the phrase 'libel per se' or 'slander per se.' For you
they will mean 'Do what I say!' Upon hearing this command, employers are very obedient.
"Do I sound unkind here? I hope so. I'm very visceral about this subject, since it can destroy, not employ.
In fact, there should be a law against reference-checking. Unless you know how to supercharge your career using
this subjective, totally controllable, powerful device.
"Finally, the omission of that short three-month nightmare from your resume and applications is a judgment
call you have to make. I'm not aware of any case where this has been deemed a 'material misrepresentation' unless
the candidate was fired for a violation of company policy or worse.
"That should have you off the street and into the seat ASAP. Best wishes for every success!"
NOTE: Jeff covers how to get phenomenal personal and professional references immediately (along with 100 other essential items) in "Instant Interviews: 101 Ways to Get the Best Job of Your Life." There's never been a book like this, and he's the only one who could write it. Place your order now, because it will be a sellout by its release in June. Highly recommended
Email Joyce
Sorry, the volume of mail makes personal replies impossible.