What rights do employers have?

[IoannI]

Basically this is what happened. I took on a second job cause my at my primary workplace I am not getting enough hours. From my primary workplace I got my department managers as a reference. I have 3 managers, 1 of them is the head department manager and the others just normal managers who look after the department when he is not around. So this new workplace actually called my primary workplace and they were pleased with the great review they got about. So they hired me.
This new job was more customer oriented and basically a customer got into a fight with me. The customer verbally abuse me as well as made remarks about how my parents raised me and that my dad should beat me with his belt for being rude to her. Now my dad has passed away, so when anyone makes rude comments about my family especially my dad who is no longer living it gets to me. So after constantly being nice to the customer just taking those rude and abusive comments I lost it and started to tell her off.
So I quit the job. Basically I was getting a lot of complaints from customers who changed their minds about the food they wanted to purchase stating I gave them the wrong thing, as well as from staff members. I was supposed to know everything without any training and within 2 shift I shouldn't be asking questions. So I was getting **** from all over the place.
Now when I quit the guy who hired me got really pissed off after hearing a mixed story of what happened. So he called my primary workplace and gave them **** and now they have me not only on probation again and keeping a close eye on me and what I am going to say and/or do but they have me suspended from work for 2 weeks.
Now does the employer that I quit have the right to call my primary workplace and tell them things like that about me? What right do employers have and at what point are they breaking a law?

[ullyeus]

If they felt they were misrepresented they could even file a lawsuit against your current employer.

That's one of the reasons you don't see a lot of employers giving references anymore.

ps: I always feel less sympathy for people who have a tonne of excuses, just say "the job didn't work out, I was getting many complaints and ended up quitting in frustration".

[IoannI]

If they felt they were misrepresented they could even file a lawsuit against your current employer.

That's one of the reasons you don't see a lot of employers giving references anymore.

Really? I didn't know that. The only thing close to that, which I know is that employers are not allowed to give out a bad reference about anyone. Honestly my primary employer did not misrepresent me and this second employer could tell right off the bat. He saw when I went in for a interview and even in the short period of time while I was working there that not only was I a very nice guy but he could see as well that I just wanted to work. You know make a few quick bucks on the side, well quick isn't the ideal word here since this was a minimum wage job but you know a minimum wage job + another minimum wage job add up and can equal the same amount of pay that a non minimum wage job equals to.

What my main concern is that this second employer called my primary workplace and told them bad things about me. As well what exactly happened so now I am in the radar and my workplace is now watching over me like a hawk. Was the second employer of mine legally allowed to do that? Or can go to like some small claims court and fight for my lost wages (cause I'm suspended from my primary workplace because of what the other employer told them) as well as for some more money because they called my primary workplace and told them bad things about them (kinda like a deformation of character type thing)?


ps: I always feel less sympathy for people who have a tonne of excuses, just say "the job didn't work out, I was getting many complaints and ended up quitting in frustration".

I don't have any excuses for leaving this second job. Honestly thats what happened I was getting to many complaints about many things not only by customers (and honestly they made the mistake not me cause I would always repeat what they said to me at least 2 times and they would agree so you know they would change their minds after and pin it on me, I admit I made only 2 mistakes with 2 customers and I that was on my first day) but as well as from the staff (they would make mistakes and pin it on me and the manager would come complain to me saying we need to correct this you can't be doing this or you can't be doing that cause it will effect our customers and they wont come back) plus the fact that I didn't get any real training and I had to learn the tricks of the trade by myself you know put a lot of stress and frustration on me and for the money they were paying me it wasn't worth it so I quit.
I went in, I saw how the job was, BUT I tried to make it work. I think I deserve some credit for trying. After a few weeks I found that the job wasn't for me and decided that I would be better off without it. I don't think there is anything wrong with that, do you?
Sometimes I feel for those people who have many excuses. I've taken on a few seasonal jobs as well as some other jobs as a second job. I know what those were like as well as what my current job is like. I know that some jobs are not for everyone. Some of the reasons why I left those second jobs as well as my complaints about the seasonal job will seem like excuses. So depending on what excuse someone comes up with thats when I decide how much sympathy I will feel for that person. If they went in and didn't give the job a few shifts then I have no sympathy but if they did and in the found out it wasn't for them then hell ya I'm gonna show sympathy.

[grant]

Now does the employer that I quit have the right to call my primary workplace and tell them things like that about me?
Sure why wouldn't they? It's not like they signed a confidentiality agreement.

[IoannI]

Well I thought legally that they not allowed to call references (in my case my primary employer) and complain about the person. Kinda something like how someone is legally not allowed to give a bad reference about another individual.

[aimfox]

I consider this case as an illegal threat because what your 2nd primary work did was completely wrong by contacting your primary workplace. I think this is privacy issue. We all know what is privacy and what your 2nd primary work did can be sued for a few thousand dollars. I ain't too sure with this case, I think you should contact a lawyer and ask them about it. Lawyers are free to ask, just talk to them via the phone and tell them the situation if this case is solvable and sue-able. :)

[wheel]

It's not a privacy issue. The second employer has written documentation (the resume) showing where the employee provided this information to them AND agreed to let them contact the first employer. The fact that they don't like what was said doesn't make it a privacy issue.

There's nothing illegal about giving a bad reference AFAIK. It's just that people won't do so for fear of being sued (sued is not the same as illegal). There's easy ways around it though; some employers will only answer name rank and serial number type questions with one exception - 'would you hire this employee again'. The answer being no. Giving a bad reference via just name rank and serial number isn't hard either. Tone of voice goes a long way.

Two points you really should ponder. First, you don't have a leg to stand on. You got treated like crap, true enough. That doesn't mean there's anything you can or should do about it. Suck it up and move one.

Secondly, employers don't 'watch you like a hawk' because of something a third party said about you. They only care about your work while you're there. What you have here is an EXCUSE to watch you like a hawk - you've got other problems already. This just gave them a reason to put the pressure one. If you were their star performer they wouldn't give two hoots about what the other folks said.

When I was younger I worked one full time and one almost full time job all the time. And my main employer would have laughed at my second job calling and trying to blackball me.

[ullyeus]

I don't have any excuses for leaving this second job.

I was stating something in an effort to help you. These don't sound like excuses?


a customer got into a fight with me


The customer verbally abuse me


my dad has passed away


customers who changed their minds


I was getting **** from all over the place.


don't think there is anything wrong with that, do you?

With yelling at a customer to the point your employer was so concerned he called your current boss? absolutely something wrong with that. Nothing wrong with being mature and standing up and politely waking out.

And as mentioned, the fact your current employer put you on probation for something like this doesn't mean you are a star employee...it means you are on thin ice.

Now...you might think I'm out to get you and be rude....in fact I bet your personality leans that way.

What I'd like to see you do is some self-analysis and figure out why this is happening to you and what you can do to change it.

[grant]

Well I thought legally that they not allowed to call references (in my case my primary employer) and complain about the person. Kinda something like how someone is legally not allowed to give a bad reference about another individual.
Did you speak to a lawyer on the subject? A government employee with labour relations? Did you look up any laws in the library or even on the internet?

Or are you just repeating vague rumours with no basis in fact? Hopefully that's not the case, but if so, please stop wasting your time.

Now...you might think I'm out to get you and be rude....in fact I bet your personality leans that way.
IoannI definiately doesn't have the temperment for customer service and I guess he's only doing it now for lack of a better suited job.

[ullyeus]

Did you speak to a lawyer on the subject? A government employee with labour relations? Did you look up any laws in the library or even on the internet?

Or are you just repeating vague rumours with no basis in fact? Hopefully that's not the case, but if so, please stop wasting your time.


IoannI definiately doesn't have the temperment for customer service and I guess he's only doing it now for lack of a better suited job.

I'm not aimfox.....

[mirek]

Really? I didn't know that. The only thing close to that, which I know is that employers are not allowed to give out a bad reference about anyone.

Who told you this? Why would someone not be able to give a bad reference? Stupidest thing I have ever heard. They can't give false reference, but can definitely give you bad reference.

If you put this second employer as a reference for a third job, and they called, what do you think they would say?

You should quit all your jobs and go back to school.

[UrbanPoet]

I dunno.....
I worked a lot of customer service and people can get pretty abusive...

[Firebot]

I was stating something in an effort to help you. These don't sound like excuses?

With yelling at a customer to the point your employer was so concerned he called your current boss? absolutely something wrong with that. Nothing wrong with being mature and standing up and politely waking out.

And as mentioned, the fact your current employer put you on probation for something like this doesn't mean you are a star employee...it means you are on thin ice.

Now...you might think I'm out to get you and be rude....in fact I bet your personality leans that way.

What I'd like to see you do is some self-analysis and figure out why this is happening to you and what you can do to change it.

+1

OP, fighting with a customer is a huge nono, especially if it gets to a personal level like you say it has. Supervisors are there for a reason, either put them on hold and hand them to a supervisor, or just hang up. People like that are not worth dealing with. You shouldn't be in customer service if you lose your cool with a customer.

*Wrote this as I left work quickly and was based on if you were a CSR - what job was this? Was this a fast food joint? If this is the case, blowing up with a person face to face is even more of a blackeye. Also

Now when I quit the guy who hired me got really pissed off after hearing a mixed story of what happened. So he called my primary workplace and gave them **** and now they have me not only on probation again and keeping a close eye on me and what I am going to say and/or do but they have me suspended from work for 2 weeks.

You were on probation with your first employer in the past???

[IoannI]

Who told you this? Why would someone not be able to give a bad reference?

In this class called Career Studies thats what the teacher said.

+1

You shouldn't be in customer service if you lose your cool with a customer.

*Wrote this as I left work quickly and was based on if you were a CSR - what job was this? Was this a fast food joint? If this is the case, blowing up with a person face to face is even more of a blackeye. Also



You were on probation with your first employer in the past???

My primary job (which now is a secondary job cause now I work in Telecommunication [cable contractor]) is customer service oriented. It's a grocery store so I deal with a lot of customer all the time. Honestly, I never loose my cool there is really no need to. I usually live the way my grandpa did which is the way my dad did, never loose your cool and tell someone off or yell at them, for what? Satisfaction? Everyone is better then that, its not gonna make me more of a man.
That last customer just made me loose it, the things she said were unacceptable especially when she said to me I'm new and that she had never seen me before. What made loose it is what she said which bugged me because she told me that my parents raised me wrong and that my dad should beat me I don't like it when people talk about my parents like that becauase my dad passed away so it bugs me when someone refers to my dad in a degrading manner and with my mom she inforced disipline while raising me and it did make me a better person and that my mom tries so hard.

The job was at a franchise restaurant where the food was old and stale and overly priced. I can't really expose the name of the place because I signed a confidentiality agreement. All I can say is the only thing thats good there is the majority of the drinks beised the ice coffee's because the ice coffee mix is reused every day until it runs out.

With my very first I was never on probation. With my primary job (which now is a secondary job) I was on probation for 3 months or 500 hours whichever come first, but honestly, I wasn't really because I was collecting grocery carts so no one was watching me.