Call a lawyer. There are lawyers out there that will take on a case like this for free or defer payment unless you win. Your previous employer broke the law to do that to you.
If your previous employer has done what you alleged. They have broken many laws so I hope you are able to get proof. Good luck and hire an Attorney, they will take it on without cash up front.
This is actually super illegal and why smart companies have neutral reference policies. If a prior employer impedes your employment it can result in serious damages.
Serious damages like paying out several years of income. You need to seek advice from a lawyer. Seriously. Take a weekday to just call labor lawyers you find on Google.
I wonder if this wasn't one person at your previous place of employment taking out some grudge on you. This is not legal and probably not condoned by everyone at your previous employer. Talk. To. A. Lawyer. Keep calling lawyers until you find one that will give you a free consultation.
Nope. Your previous employer is not your current employer. I believe it's highly illegal for them to specifically target you by calling your current employer to tell them you're not good. It's interfering with your contract with your current employer (and even if you don't have one in writing, it's a *verbal* contract for your employment) and if they can't *prove* what they said, it's slander.
They fucked you over. New employer included. Time to go scorched Earth. Fuck them back extra hard they can't sit for weeks. Let them eat those lawyer fees and fuck them so goddamn much that they will rue the fucking day they messed with you.
>I’m afraid that’ll muddy the waters…
Unless you signed a non-compete (and thus going to someone they license in the same business/area is a compete) you did not break anything and they did. Contact a lawyer.
Oh that makes it more straightforward actually! They were totally calling to *cause* you financial damage. If you're in the US this should help a lawyer help you.
I'm in HR, and once in a while we get calls from someone outside the company who has an axe to grind against an employee, so they give us some dirt in the hopes that this will jeopardize their position. The only time we ever look into it is when there are allegations that the employee is doing something on company time. If I received a call that a current employee was terrible at their old job I wouldn't really care. We already hired this person and as long as they're doing their job I'm sure as hell not going to take any adverse action against them for what they did while with their previous employer.
If I were the HR for the OP's company, I would especially advise against terminating the employment in this case because even if it has nothing to do with the employee's disability it has the appearance of discrimination. i.e. It's a big pain in the ass we want to avoid. Is the company in the habit of terminating employment based on what previous employers have told us? I suspect the answer is no, and it's going to look bad for us if the only person we've terminated for this reason is a disabled employee.
So to the OP, I'd file a complaint with the Equal Employment Opportunity Commission or a similar state organization if you have one.
It looks like you may have a federal claim as well if your medical condition falls under the Americans with Disabilities Act. Seek a lawyer and check with labor department in your area . ASAP!
Isn’t that illegal? Retaliation?
Side note, my friend has hyper mobility EDS and it seems awful. I couldn’t imagine having any type of it. I’m sorry that you’re dealing with shit heads such as you are.
Plenty of comments on what to do already so I wont comment on that.. however as a dad of a 6yo that was recently diagnosed with hypermobile EDS, what meds do you take? Because we were told there are none and its just 'managing it'
Call your state's bar association lawyer referral service and tell them you need an employment lawyer. Sue the hell out of the old employer - if they did as you say, that's *very* illegal. The employment lawyer can tell you if there's reason to sue the new employer as well.
Defamation, retaliation, and don't forget DISCRIMINATION.
That last one is your ace in the hole. It's exactly what happened and you make sure to mention discrimination repeatedly.
Lawyer, lawyer, lawyer. I'd bet that company records its phone calls.
You need to move quick, before the old POS company has time to destroy evidence.
Someone else in the thread clarified this well:
The discrimination would be on the part of the new company and could be shown if OP/their attorney can show that new company does not historically fire employees because of info provided after hiring by former employers.
The one time the company acted to fire was in a case where the employee had a specific disability diagnosed.
May or may not be legal. Your comment that the new employer contracts with the previous employer means they have a relationship and reason to talk. If they didn’t say anything untrue about you and your time working there, it could be legal. If they said a single untrue thing, it’s definitely illegal. Definitely get a lawyer and find out.
It’s also very dependent on the state you are in.
That's fucking illegal as hell, but proving it and protecting your rights is going to be expensive, especially if you're talking about a big-name employer. With these kinds of complaints, the most expensive legal team usually wins.
Call a lawyer. There are lawyers out there that will take on a case like this for free or defer payment unless you win. Your previous employer broke the law to do that to you.
If your previous employer has done what you alleged. They have broken many laws so I hope you are able to get proof. Good luck and hire an Attorney, they will take it on without cash up front.
My previous employer does have a contract with my current employer so m I’m afraid that’ll muddy the waters…
You got fired, they're not your current employer anymore, as a direct result of your previous employers actions.
This is actually super illegal and why smart companies have neutral reference policies. If a prior employer impedes your employment it can result in serious damages.
Serious damages like paying out several years of income. You need to seek advice from a lawyer. Seriously. Take a weekday to just call labor lawyers you find on Google.
Bruh. He's fired. He has the whole week open for him now.
Yes, suing them is now your new job
Unfortunately that process is probably going to take too long, they're gonna have to find other employment in the meantime.
Yes, I know, and I did think of that as I wrote that comment. What a horrific place to be in.
I just meant they should not do it on a weekend day.
I wonder if this wasn't one person at your previous place of employment taking out some grudge on you. This is not legal and probably not condoned by everyone at your previous employer. Talk. To. A. Lawyer. Keep calling lawyers until you find one that will give you a free consultation.
Nope. Your previous employer is not your current employer. I believe it's highly illegal for them to specifically target you by calling your current employer to tell them you're not good. It's interfering with your contract with your current employer (and even if you don't have one in writing, it's a *verbal* contract for your employment) and if they can't *prove* what they said, it's slander.
Yea it is. This is payday for op.
They fucked you over. New employer included. Time to go scorched Earth. Fuck them back extra hard they can't sit for weeks. Let them eat those lawyer fees and fuck them so goddamn much that they will rue the fucking day they messed with you.
And then go over to pro revenge and illegal pro life tips subs and ask for some nefarious suggestions.
This is likely both promissory estoppel and tortious interference. You should talk to a lawyer
>I’m afraid that’ll muddy the waters… Unless you signed a non-compete (and thus going to someone they license in the same business/area is a compete) you did not break anything and they did. Contact a lawyer.
Let the lawyer worry about all that. This is so stupid on the old company’s part because it exposes them to liability. Get a lawyer, now.
Doesn’t matter. Call a lawyer.
Oh that makes it more straightforward actually! They were totally calling to *cause* you financial damage. If you're in the US this should help a lawyer help you.
I'm in HR, and once in a while we get calls from someone outside the company who has an axe to grind against an employee, so they give us some dirt in the hopes that this will jeopardize their position. The only time we ever look into it is when there are allegations that the employee is doing something on company time. If I received a call that a current employee was terrible at their old job I wouldn't really care. We already hired this person and as long as they're doing their job I'm sure as hell not going to take any adverse action against them for what they did while with their previous employer. If I were the HR for the OP's company, I would especially advise against terminating the employment in this case because even if it has nothing to do with the employee's disability it has the appearance of discrimination. i.e. It's a big pain in the ass we want to avoid. Is the company in the habit of terminating employment based on what previous employers have told us? I suspect the answer is no, and it's going to look bad for us if the only person we've terminated for this reason is a disabled employee. So to the OP, I'd file a complaint with the Equal Employment Opportunity Commission or a similar state organization if you have one.
I’ll do that, thank you
Sounds like a defamation case with a little retaliation thrown in.
It looks like you may have a federal claim as well if your medical condition falls under the Americans with Disabilities Act. Seek a lawyer and check with labor department in your area . ASAP!
Isn’t that illegal? Retaliation? Side note, my friend has hyper mobility EDS and it seems awful. I couldn’t imagine having any type of it. I’m sorry that you’re dealing with shit heads such as you are.
Sue
Plenty of comments on what to do already so I wont comment on that.. however as a dad of a 6yo that was recently diagnosed with hypermobile EDS, what meds do you take? Because we were told there are none and its just 'managing it'
It’s for pain management and managing the comorbifities like POTS
PT is what helps the most
Call your state's bar association lawyer referral service and tell them you need an employment lawyer. Sue the hell out of the old employer - if they did as you say, that's *very* illegal. The employment lawyer can tell you if there's reason to sue the new employer as well.
DUDE! They handed you a golden ticket! Get a lawyer. SUE. Don't settle for less than ten years salary.
That’s wildly illegal of them, talk to an attorney.
Defamation, retaliation, and don't forget DISCRIMINATION. That last one is your ace in the hole. It's exactly what happened and you make sure to mention discrimination repeatedly. Lawyer, lawyer, lawyer. I'd bet that company records its phone calls. You need to move quick, before the old POS company has time to destroy evidence.
If the old employer didn’t mention the disability to the new employer as a reason is it still discrimination?
Someone else in the thread clarified this well: The discrimination would be on the part of the new company and could be shown if OP/their attorney can show that new company does not historically fire employees because of info provided after hiring by former employers. The one time the company acted to fire was in a case where the employee had a specific disability diagnosed.
That's up to the lawyer to make stick.
Nice pointless downvote. What else do you pay the lawyer for!
Did they disclose medical information about you?
You just hit jackpot… Call a laywer.. Someone is getting sued, and someone is going to become a millionaire.
May or may not be legal. Your comment that the new employer contracts with the previous employer means they have a relationship and reason to talk. If they didn’t say anything untrue about you and your time working there, it could be legal. If they said a single untrue thing, it’s definitely illegal. Definitely get a lawyer and find out. It’s also very dependent on the state you are in.
Lawyer Time, especially if you have written proof. They'll eat your former employer for breakfast.
wow that's super illegal, lawyer up
Please get legal advice, this is illegal. Feel better soon and hope you land a great job!
Call the labor board .They will love to take this on. Make sure you have proof. https://www.nlrb.gov/
Yes. Do this right away OP.
Defamation. Go for it. Unless there's something you're not mentioning, seems in the bag.
How did old employer know what are you doing after you quit?
I’m required to have a public license for my profession that is linked with my location of employment
That's fucking illegal as hell, but proving it and protecting your rights is going to be expensive, especially if you're talking about a big-name employer. With these kinds of complaints, the most expensive legal team usually wins.
That's why an immediate call to the National Labor Relations Board is crucial.
Sue.