What is the recourse when a prospective employer contacts a current employer against your wishes?
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What is the recourse when a prospective employer contacts a current employer against your wishes?
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My husband applied for a new job, telling the new boss that she may NOT contact his current employer because he was still working there and no one knew that he was planning on leaving.
He was offered and accepted the new job on Wednesday afternoon, agreeing to set up a start date based on whatever he could work out with his old employer.
On Thursday morning, he was fired from the "current job". They cited "performance issues". We know this is a sham for a real reason, because he had never been written up, counseled, or told about any performance issues in the 2+ years he had been with the company.
Today, he found out from an employee-friend of the old job, that the old boss and the boss at the new job are friends.
Does my husband have a legal case against the new company for contacting the then-current job, causing him to be fired, and loosing out on 2 weeks of vacation that was to be paid out, and his end of year bonus of $4K?
Additional Details
I thought that a prospective employer could only contact PAST employers with or without your consent. In Wisconsin, there is always a little question that says on the application "May we contact your current employer?" and he checked no.
So, since he explicitly denied them permission, but they did anyway (under the cover of a personal relationship) causing my husband to get fired.... I would like to know what methods of retalliation he has.
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hr4me
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I would find out from the new employer why they contacted his current employer, and did they actually contact them. Like your other posting in this section about suing the former employer, you can try to file suit but will it be successful? The time it will take and money to do so and what will be the long term result? If he is planning on working for the new company going forward this would be a really bad idea. Recall that he will be in his introductory period at the new place and it could result in his losing that job as well. |
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v b
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He'll be paid the vacation time. The bonus is probably gone for good. |
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JK
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Well, even though he may have told the prospective employer he didn't want his "current" employer contacted because he was still currently working for them, I mean I Guess if they want they can still do it. They can check all the references they need in order to determine if your husband is a loyal, hardworking person, and if they should consider him for the position.
Now, on the other hand. Even though, the "prospective" employer called the "current" employer, the "current" employer cannot fire him without "good reason". I understand the current employer told your husband it was because of "performance issues", but I would raise a question to the employer, if their was performance issues, why hasn't he been notified about it prior to being fired. I would say the current employer fired him because he was seeking employment elsewhere and perhaps the prospective employer told the current employer that he wished for them not to communicate and check references. All, I can say is, contact an attorney. He will be able to tell you if you have enough against the employer to perhaps bring a suit... not to the prospective employer, but the current employer who fired him, more and likely not ove performance but over seeking other employment. A employer can't just come out and tell you they are firing you because you are seeking work elsewhere and they found out; they have to come up with a reason that saves their butt. You may be able to prove it otherwise... contact a attorney, that's your best bet. |
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r c
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no recourse isnt the new employer supposed to check ur work record? |
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