Temporary Employer Stalking Me

I was hired and the employer and I agreed on a certain shift. I attended two meetings for which I was paid and one day of work. On starting the first day of work I was told that I had to accept a different shift because of changes they encountered and I had no choice but to either accept and continue employment with them or decline and go elsewhere. Because of other obligations I had no choice but to decline. Since then this employer has been stalking my job prospects. Even though I never used them as a reference, because I really didn’t work there, they are nonetheless contacting potential employers and badmouthing me. Another employee at a job that I went to got me on the side after an interview and told me this. What she said was that the temp employer had made terrible allegations against me, though she wouldn’t tell me exactly what was said since she didn’t want to get caught in the middle and lose her job. This has totally come out of left field since I never really worked there aside from attending 2 meetings and showing up only to go home, so I don’t know what they are talking about.

I am now working somewhere else and was just unexpectedly let go because of lack of work even though my present employer is short-staffed. I suspect that this same temporary employer contacted my present employer to again bad-mouth me. I live in a small town where everyone seems to know everyone else. Since this is effecting my ability to make a living is there anything I can do to stop it? Thank you in advance for your time and consideration in answering my question.

1 answer  |  asked Jul 11, 2016 10:23 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Every plaintiff bears the burden of proof. I say that because if you sued the temporary employer for tortious interference, libel, or slander you would have to prove that it was the temporary employer and not something else that caused you to either not get the job or to lose a job.

The better option might be to focus on positives. Assuming you have a prior employer who thinks highly of you why not submit a glowing letter of reference from an employer prior to this last employer which will make this very short term effort seem totally insignificant. Unless this is your first or second employer you should be fine.

Every once in a while we all run into an unstable or unbalanced employer. Assuming no personal relationships with anyone you or they knew focusing on prior good employment relationships is probably your best choice.

Suing the temporary employer without really solid evidence (affidavits which are sworn statements of witnesses) in your hand is probably not a good idea. Most great lawyers will request a substantial retainer from you to pursue something like that and taking them to court yourself may suck up too much time which you could invest in getting a great job.

If there are other issues you may have to commute to Albany, etc.... until you establish a solid work history if all else fails. Many employees end up moving or telecommuting just because of the "real" job market in most U.S. cities today. Think outside the box and don't get bogged down with that temporary employer or pay too much attention to employees who claim they don't want to tell you the full truth. Some of these allegedly helpful employees may not have your best interests in mind or they would help you get a job themselves.

If you have great job skills or develop them that experience will be like it never happened. Good luck.

posted by V Jonas Urba  |  Jul 12, 2016 08:24 AM [EST]

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