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Update on H's jobs - again, it's long
I'll start with his current job - he was suppose to have off Wed and Thurs night, so he was only asking off Friday night. And it usually gets super slow after the holiday anyways. BUT they still called him to work Thursday night. They told him to drive to NC, have dinner with his family and drive back. Just getting down to NC Wednesday night meant he was up 26 hours straight because of the run they gave him Tues night. And he didn't get last weekend off, so his hours didn't reset. Drivers can only drive 70 hours in 7 days, and need a 34 hour (or 36 I can't remember) off to reset those hours. So they were just waiting for time to drop off each day for him to work. That was actually a blessing in disguise, because they kept trying to add more to him Wednesday but couldn't legally because of no hours left.
ANYWAY, they called Thursday and told him to come him that night! He was like nope, I told you I was going to NC to see my kids. H told them to fired him if that's what they wanted to do. They said NO NO, he was in trouble, but not fired. Sunday they called him in, and basically his boss told him all the things that could happen. Finally Monday, his boss's boss's boss called. Said he wasn't fired, wasn't suspended, will be getting his holiday pay, and will be back to work Monday night as usually. That the company was being stuborn, and their policies will change to "case by case" bases on leave around the holidays. So I guess we will see what happens Christmas. H is only asking off after Christmas - Sat-Wed.
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Now the big drama, and maybe our house lawyer Evan can help me!
H had his job before his current one as a reference for the new jobs he was applying for, let's call it Company A. This isn't the first time they were a reference, and there hasn't been issues when 2 companies called them last year. He called to check on his application for company B, and they said they couldn't take it, because Company A said he was fire for alcohol abuse!!!!! H DOESN'T EVEN DRINK! He got laid off for the winter (it was a road construction job), and he found another job. They even called him to come back, and he asked to be a dump truck driver, and they said no, so he declined the offer to come back.
Even so, I didn't think a former employer could say WHY he got terminated (in this case, he quit). I thought they can only verify he worked there. I'm pretty sure that's slander, even more so since it's NOT TRUE. H finally got ahold of HR from company A and she's like no we didn't say alcohol, but my records state for dishonesty. WHAT?! She was on bluetooth in the car and I'm trying to get H to ask her if that's what she send them this time. AND to bring up YOU CAN'T DO THAT!
H called her back a minute later, and had to leave another message. Now he waits for her to call him. But the new employer has pretty much crossed his name out. Good thing H still has his current job. He was going to see how it goes if it didn't work out with company B, but this is all so frustrating.
I'm not sure if we should persue this legally, especially if it cost him a job with company B.
Re: Update on H's jobs - again, it's long
Thanks Evan! I'm looking up the Employment Lawyers here. There'sa .org site, but I can't read legalese.
This is what I found:
Do I have any legal claim against the employer for making bad statements about me after I am let go?
It depends if the statements are untrue. A person is defamed when one person communicates a lie or makes a false accusation about another person, either orally or in writing, to a third person, which cause damages to the person's reputation. (that makes me think yes)
A company - in order to carry on its business efficiently - is entitled to what is known as a "qualified privilege" to make statements about its employees regarding discipline, termination, and references. It is not enough that your employer made a false statement about you. The person making the statements must have acted maliciously or known the statement was false or was reckless in determine whether the statement was true or not. (since it was HR and they only read what was in his file, I don't think they knew it was false)
If your employer gives an unfavorable opinion about your work to another person, you do not have a claim for defamation unless your employer states that the unfavorable opinion was based on a fact which is not true and which damages your reputation. Opinions generally cannot be the basis for a claim of defamation
If you suspect that your former employer is giving out a bad reference, have a friend call and ask for information about you. Your friend may be able to confirm your suspicions.
ETA - link http://www.employeerights.info/2/marylandemploymentlawyers/references#6
We all have our strong suits. I can't spell.
@xxjen015 - Doubtful - they went by his SSN. And Jeff had her double check the file when she called him.
He's going to get it cleared up, hopefully today when the driver boss is back in.
But now I think he's staying with his current company. I swear this man is graying me fast! He asked off for Wed after Christmas to NY. they said sure! That he is the exception to any leave policy they have. If he wants off for his kids, he gets it. Um... they must really want him to stay.