Bad employment reference?

A friend recently applied for a job and was required to list "all" prior supervisors on the form.

He said she had physically abused children (she is a pre-school teacher); however, this is a complete lie. She has letters from parents and even parents calling her asking her to privately teach their children because "they did so well with her." On top of this, he said that she had a negative attitude and her absences where detrimental to the job. OK, she was on a high-risk pregnancy and adviced (by written letters from her OB/GYN) that she should STOP working for the last few weeks. She was abscent for 3 days, and he fired her. Later on he took back the firing after learning that she had a formal excuse...........which he already knew about!

On top of this, the man offered his own services during the reference check. He got hired and she is still on the street!!! Also, she has his written letter stating all of these awful things. What should she do? Where to go?

File a lawsuit against him charging slander. He broke the law.

She might see about suing him if the things he has been saying are untrue. Otherwise, she should skip him as a reference in the future. I worked for a nut once and left after six months on less than good terms and I didn't trust her to give me a decent reference, so I wrote traveling for six months.

She can file a claim against him in court for slander and liable. Also, contact the local labor board because I am not sure how it is where you live but here in Virginia the only thing an ex employer is allowed to say when asked for a reference is whether or not the person is eligible for rehire.

Advise her to contact an attorney. If the information he is giving out is negative and false and she has proof - she may have a cause for slander. But only a lawyer can tell you that. Where I live lots of attorney's will give a free consultation. Good luck to her.

personal lawsuit against him, she might have a case against the previous employer, also. Slander is hard to prove. There are certain things a previous supervisor or employer can not do or say when receiving an inquiry. You might go through the (National /State Labor Relations Board) If they think you have a case, they may file for you saving you money. This will be a slow process, but you should exhaust all avenues.

She will probably have to sue in a Civil Court, however some states will pursue this issue. Check with your Employment Security and State Attorney General.
Most states restrict information on previous employees to only what is documented in an employee file. They are not at liberty to discuss medical issues. An example: Mary takes 3 weeks maternity leave. If her file states she took "sick" days, the employer can not say what the illness was. Laws were written this way to give the employee a fair shot at a job. If Mary had thrown her back out while mowing the lawn, then her temporary "back injury" could not be stated. Now, if it was clearly "parental leave", "maternity leave" just about any family leave documented in her file, you could have a civil rights case. In this event her Union should step up to represent her. These types of Family leave Rights are designated to the States by Federal Law.
Good Luck to your friend and her new baby.