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Bad mouthing old boss

Discussion in 'The Pub' at netrider.net.au started by Captain Insano, Feb 17, 2012.

  1. I quit my last full time job back in September after a major disagreement with my manager. Basically i worked offsite looking after the biggest contract we had and was doing very well. This i know as they tried to replace me with a lot of other people but the client company always insisted that i be sent back and always found a way of pressing this issue.

    Now the problem was i was not officially given the job title and was one of the lowest paid employees in the place. i lost it when i found out that new appointees were paid much higher than i was. I had gotten the highest points in the last three yearly reviews and still gotten a half the payrise others got.

    When i confronted the managers i was told that i should be greatful for what they let me have and that i am allowed to live in their country and have a job!! (I am originally from another part of the world!!) As you can imagine i gave then a piece of my mind and then scribbled out a rough resignation and walked out of the joint! A couple of days letter i received a letter in the mail and was told i had been fired to "Gross Misconduct" and apparently they were also investigating complaints of harressment by me to a number of female staff in the workplace, which was news to me as i worked off site anyway. My employment was terminated and i was let go without notice and no payout or entitlements whatsoever!!! I left it at that as i was so disgusted with that place that i did not even call anyone who works there.

    So now six months later, unable to find another job i am very frustrated and am working a few casual days here and there barely managing to cover expenses. I have tried changing my resume, reworded, re-phrased, re-vamped, re-everything to the jobs i apply for but not one call or response.

    Finally a guy i know and have worked with a long time ago called me and offered me a job. He said he knew my work ethics and what i was capable of and so offered me a position in his workplace, it was not what i was hoping for but its good pay and remembering that beggers cannot be choosers i applied for it. He calls me up today to let me know that that when he called my previous employer up and mentioned my name the line was immediately transferred to a Mr. **** (the manager i had problems with) and he went on to advise that he would not provide a reference for me and that he was required to advise that he could not provide further information, as the matter was in court, but if was for a very serious offence and it would be wise not to hire me.

    WTF!!! No wonder i was not getting any responses from anywhere!!!! I did not even put him down as a reference but had to put the experience down as i worked there for more than 3 years which is a big part of my recent work history!!

    What the hell do i do now????? If anyone of you has been or heard of similar experiences please advise me on what i can do to get through this as i have no freaking idea what i am to do now!!!! Please Help!!

  2. Contact Fair Work Australia and document the whole scenario, provide any and all documentation you can.

    (Since you're not a Labor Party politician whose position is vital in securing the continuation of a discredited and dishonest government, you will probably have your case dealt with quite quickly).

  3. I did but i was told that since the only claim i had was for an unfairdismissal one i have waited too long to do it. The time limit is only 14 days or something like that after i have left the workplace. They advised i should try Legal aid.
  4. Is the matter in court or is he lying - pretty relevant given the circumstances and possibly a legal minefield for him if it's not in court because it's not badmouthing it's defamation......
  5. Contact your local Federal Minister and cry foul; 14 days is a stupidly short time for lodgement of claims.

  6. If there is matter in court, its news to me. In the six months since mid september when i walked out, the only communication i have had from them is my termination letter and my details of my annual leave paid out, No mention of any court or cases.

    This is all news to me!
  7. It's unethical but I doubt that it is defamation or illegal, could be wrong though.

    I've seen it first hand, almost exactly the same thing happened to my mrs, she left a job because she was doing all the work but when she asked for a payrise (from 30k, it was a while ago) they said no so she quit and they offered her 50K. So they obviously knew she was doing the work.

    She left on good terms bar the fact they wanted her to stay but later found out from one of the jobs she was applying for that she passed everything with flying colours but the reference said that they would not hire her again so they didn't offer the job.

    It's a shit go, the wife bounced back though. Maybe be honest with your resume and say that you left the job on bad terms and do not wish to put them as a reference, it's not ideal but may get you that little bit further then 'we are in court'.
  8. Has your address changed? You sure you havent got any letters from the court etc. It's worthwhile checking that as well.

    Awful as to what has happened but there should be a way out of this. Why dont you call the old boss directly and ask him? If you havent dont anything, you shouldn't be afraid of anything at all.
  9. Use the offsite client as a reference instead of the boss?
  10. David: it sucks after all the effort and time you put in your job, they turn around and treat you like this. It is a very big company as well.

    Basically, with the latest application i put in, the company with my friend, called me up as that all the references i provided have reported excellent things and they are considering my position as when i got this shock and called up and old manager who quit about a year before me apparently drove to docklands and left an excellent reference in person. They were so wrapped that they have promised me of a start date next week!! :)

    Makes me happy this latest!!

    Lazy: I have lived here for the last 5 yrs. No change in address.

    What worries me is how easy some D**k head can just stuff up your career that easy. I am gonna wait till monday to call the old workplace up as i know if i do it now it is not gonna be pleasant with all the things i wanna say right now.

  11. I had/have. The other site (TMCA) actually tried offering me an entry position but 2 weeks after that the Toyota decided to shed a few hundred workers, Just my Luck, the entry level paid almost 10 k more than my last job.
  12. I would do something about it. If saying that you committed a 'serious offence' when there is nothing outstanding against you isn't defamation - what is? These comments affect your ability to gain employment and shouldn't be allowed to continue. Congrats on the new job. At least someone has done the right thing. Your old boss should be hung up by his nether regions (figuratively speaking of course) and sounds like you're best shot of him anyway. Cheers.

  13. Exactly what i am thinking right now. I left with a "let bygones be bygones" attitude back in september. All this has been going on this long and i was unaware of it. I had even started doubting myself and was really starting to believe that the old manager was right and i should have been thankful for that job even if i did all the work.

    You have no idea how hard its been not finding employment! I promised myself when i first migrated here that i would never go on welfare. and i haven't! With every phone call and letters in the post being payment demands and final notices i have almost given up! All because someone decided to hold a grudge on a delusional sense of superiority! I really want to do something about it now! I am tired of being pushed around!

    Think the new feeling of standing up for myself has got to do a lot with the bike i bought about 8 mths ago... Lol...
  14. Jay,
    Welcome, and thanks for coming. We need more of you.
  15. (note, im an un-experienced 20yr old)

    have an attorney send a letter claiming deffamation to the manager, and deffamation plus unfair dissmisal to the company. (my understanding is you must recieve a written document before they sack you, should be easy to trace the date of their letter and the date of resignation - include copies to make them sweat.) then sit back and watch the fireworks.

    worse case is they pay to have a consultation with their lawyer. (wasting their resources)

    best case, the manager gets a review/warning for misconduct in the company. and they offer setttlement to keep it out of court
  16. Fair call. I was thinking more along the lines of saying there is a legal matter.

    Suing the person who claims you sexually harassed them is an entirely different scenario though. And possibly taking it further and suing the company as well.
  17. Contact a lawyer and have him pose as a propective employer, and ring for a reference.

    Well, at least contact a lawyer and ask for advice. They may just go the defamation letter, but if they hear the evidence for themselves they may be more motivated to get compensation for your lost wages over the last six months.

    That is what I would be asking for, if I had evidence of the jobs I had applied for, and the lawyer could therefore verify with your previous propective employers what they were told.

    I suspec that your previous manager would be in a lot of trouble.
  18. +1 When they're told there's a court case, have them push for the details because they were so impressed with you as a candidate, they might be willing to over look the apparent indiscretion etc etc.

  19. I highly doubt there's any court case. If we are talking a criminal offence (not civil) then he cops would have been in touch to get your side of the story. If it was in court you would have received a summons in person, they don't come in the mail. I call BS on court and it's certainly not right that he's lying about that to prospective employers.
  20. Contact a lawyer.