DEAR JOYCE: How do I force a meeting with an employer who fired me to (a) obtain a good reference, and (b) develop a termination story that doesn't interfere with my future employment?
There was inadequate training and supervision, and a history of "hires and fires" of employees within the first 90 days.
How dangerous is it for me to omit the three-month employment from my resume or on application forms? -- J.T.
I've asked Jeffrey G. Allen, author of the revolutionary new paperback "Instant Interviews: 101 Ways to Get the Best Job of Your Life" (Wiley) and "The Perfect Job Reference" (Wiley) to reply. Jeff is the world's leading placement attorney.
Here's what Jeff said:
"There's no informal way to force your ex-employer to legally 'meet and confer.' That's good news, since this is not the way to resolve a bad rap from your ex. Even if your ex consents, there'll be an employer lawyer there for sure. You'll sit there watching two dressed-up penguins doing a mating dance, paying for a performance that's likely to end with you cleaning out the corporate Kleenex.
"You want a power position, and you absolutely want to control the dialogue. The way to do it is with a candid, tough, well-constructed letter from your attorney to the CEO (or owner). No lawyer reads it first, and you hit hard and fast.
"The letter cites the applicable statutes and cases in your state that acknowledge the total control (and therefore responsibility) of an employer over hiring, training and supervising its employees. It weaves in the facts of your employment, starting with the interview. Particularly the dates and times of the many broken promises. (How'd I know promises were broken? Employers always overstate something.)
"Lies that people rely on are called 'fraud' in legalese. That is a very bad word, and in your lawyer's letter it will tend to generate a return reference letter. Upon its receipt, call and ask for another unfolded one so you can frame it.
"Now, let's assume your ex is really headquartered in Lalaland, and dares to give you a bad rap. Your lawyer will need to drop the law of 'defamation' or 'defamation of character' on him or her.
"There are two types: 'libel' (written) or 'slander' (oral). Since employment is considered so important, false statements of fact are presumed to be malicious. This invokes unlimited punitive damages (to punish) and exemplary damages (to make an example) of your ex. Ergo the phrase 'libel per se' or 'slander per se.' For you they will mean 'Do what I say!' Upon hearing this command, employers are very obedient.