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Question
Hello,

I was terminated from my last position a little over 3 years ago. I worked for their company for about 3 years as an Accountant/Payroll Rep. After I was terminated for Personality Conflict (Maryland) I enrolled at a university full time.

Now that I have graduated with my Accounting degree and Cert in Fraud Investigation I have been on some great interviews here in Austin, TX. One company interviewed me 4 times. I knew I gotten the job until they checked my employment reference.

I believe that I did not get the position due to the information that was provided from my last employer. Do I have the right to ask my last employer and/or the interviewing company a copy of the employee work release form or such?

Thank you,
Yvonne

Answer
The company has no responsibility to give you a copy of the information they gave the other company.  If you feel they have slandered you and you have suffered because of this you can sue them for slander. You have to know what was said so you would have to get it from the company that did not hire you because the company you once worked for is not going to give it to you.

I personally would not let a personality confict at another company keep me from hiring a qualified candidate. I would speak to the candidate about it and hear their side of the story. If the company to which you applied is that narrow minded you might not want to work there.

However, if you wish to find out what the employer is telling perspctive employers this works most of the time.

Have a friend or colleague contact your previous employer.

Make sure that the friend tells the employer that she is contacting them because she is considering hiring you. The friend should tell the former employer that he was listed as a reference on your job application. The switchboard may refer your friend to the human resources department if she did not request to speak with a specific individual.

Tell the friend to ask the employer questions about your employment with the company. For example, she can ask what some of your strong and weak points were when working for the company, whether or not you were a hard worker, whether you were on time or always late and whether or not he would rehire you with his company. If the employer says he would not rehire you, have the friend ask him why he would not consider rehiring you.

Speak with your friend to find out what the employer said about you. If the employer is saying negative things, consider not documenting the employer on future applications since the comments are likely preventing you from landing a job.

Instead of putting down the person that is giving you a negative response you might consider putting down co-workers you worked with that would give you a good reference instead. Let the co worker know that you are using them as a reference and get their okay ahead of time.

Shirley  

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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