CAREERS NOW 06-24-09

Layoffs May Fuel Lawsuits

DEAR JOYCE: I lost my job in a layoff caused by the economy and stupid mistakes made by the company owner. I guess he wanted someone to blame because he sent a disgusting e-mail to customers who asked about me. He said that I was let go because my work performance didn't meet company standards. Baloney! Realistically, how much might it cost to sue the jerk? -- N.T.

Punt: You need to speak with an attorney who may potentially represent you. An employment lawyer who works with plaintiffs would be my choice (National Employment Lawyers Association, nela.org).

According to a recent article in the trade journal Workforce Management, the legal community expects a rise in defamation suits associated with negative job references, as more laid-off workers have big trouble finding other work.

A case similar to yours, Noonan v. Staples Inc., resulted in a recent ruling by a federal appeals court in Boston that a private individual can recover damages for defamation if the plaintiff can prove the defendant acted with actual malice. (browse "Another Downside of Downsizing: Layoffs May Spark Defamation Suits").

Many experts advise employers to confine reference statements to such basic neutral facts as job title and dates of employment. Defamation can result from mentions of employees in e-mail and on social networking sites, as well as in formal reference replies; the latter is addressed in the following letter.

DEAR JOYCE: I found out that my previous employer is slamming me. I don't deserve the knocks and the bad reference is probably keeping me unemployed. What can I do about this? S.W.

Assuming your previous employer is a key reference not easily ignored, you have three options:

1. Make peace with your nemesis. Go in person. Bad blood? Apologize if you must.
2. Smother the bad reference with five favorable references. Use earlier employers, coworkers, teachers, customers, vendors, and others who have witnessed your work.
3. Pay a lawyer to send a cease-and-desist letter to your previous employer. The letter puts the naysayer on notice that continued negative comments about you may result in a court appearance. Assuming you really were blameless, that's likely to put an end to the badmouthing. The naysayer will worry that his or her own boss, or corporate managers, furious with the prospects of a costly court defense, will call the naysayer on the carpet.

A local employment lawyer can write a C&D letter for you. Or you can use lawyers associated with a company specializing in reference and background checking services, such as Allison & Taylor (AllisonTaylor.com), a firm headquartered in Rochester, Mich.

You'll save money by trying numbers 1 and 2 before moving to number 3.

DEAR JOYCE: Like the other person who wrote to you about being unfairly fired after three months, I too was let go after the probationary period. Joyce, I worked hard. I didn't deserve termination! What can I do better the next time I'm lucky enough to find a job? - R.E.R.

"The first 90 days make all the difference," warns Ford R. Myers, an executive coach and the author of a new book, "Get the Job You Want, Even When No One's Hiring (Wiley).

"Research shows us that approximately 35 to 40 percent of new hires fail within the first 12 to 18 months in their new jobs, because they put their heads down and get busy, believing that if they just do a good job their positions will be secure," the author says, describing the nose-to-the-grindstone approach as merely the baseline expectation.

So how can you save yourself from an early visit to pink-slip land?

"What really distinguishes new hires is how well they assimilate into the company's culture, environment, and key relationships," Myers explains. Besides doing a good job, "this means paying close attention to what's going on all around you, creating the right impression, attending to interpersonal dynamics, and establishing the right precedents in the first 90 days."

Myers makes a compelling point. Multiple studies over the years have concluded that more people are fired for a lack of people skills than for a lack of technical skills.

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