baffeledinaz
Junior Member
What is the name of your state (only U.S. law)? Arizona
I was fired in April of 2013 for absenteeism. Despite my direct manager telling HR they did not want this. The same issue had happened 2 yrs previously -both times due to car problems & now this time the distance between home and work was 25 miles one way. The previous time, as punishment I was moved to the day shift, not fired. Fast forward two years - I had just moved back to the night shift. Bad timing - started having car problems again. I started taking the bus, but buses don't run at 1am, so I was having to take a cab home at $50-$60 bucks a pop. The week before I was fired I spent $280 on cabs.
A couple of weeks ago a co-worker from this previous job calls me and suggested that I should talk to HR about going back to work. They told me how the dept I worked in really needed the help.
So I did speak to HR, I'm blown away by what she said. I can't believe I didn't fully comprehend what she was saying until after we hung up. She told me that she "pulled my file and was concerned about the "On going two year absenteeism record" I had". Not that I had the same issue twice in a two year period, but an "on going two year record!" That HR person hasn't worked for the company now for over a year, I have no idea how many people have held that position since she left. But she is the only person who could have put that in my file, being the only HR employee. She had only worked there for 6 months.
There are no words to describe what I'm feeling. No wonder I haven't been able find a job. When prospective employers call asking for reference that is what they've been hearing. I wouldn't hire me, either. I have never, ever had this hard of a time trying find a job. Now I know why, finally...
I've read up on the law and I believe I have a case against both the former company and the HR person for defamation of character. I don't know what to do. I don't really want to sue the company, but the HR person is another story. The reason I believe I have a case; a company who was a client of the company I was working for, when they found out I was fired wanted to hire me. (That same day.) (I did not have any agreement with employer that would prevent me from taking the job.) This person was the regional manager of the dept. I would have been working in. They even gave me detailed instructions on how to apply online & I was told to ignore that the position was posted in IL. I would still be working in AZ. I completed the online application and a day or two later I received an email from the talent acquisition dept. We set up a phone interview, which I completed. Next step was checking my references and you guessed it, I was told that they were looking for someone else, who would better meet their needs. There are probably more potential employers, but I know this one for sure.
Do I have a case? The woman in HR did this maliciously, knowing it wasn't true.
I was fired in April of 2013 for absenteeism. Despite my direct manager telling HR they did not want this. The same issue had happened 2 yrs previously -both times due to car problems & now this time the distance between home and work was 25 miles one way. The previous time, as punishment I was moved to the day shift, not fired. Fast forward two years - I had just moved back to the night shift. Bad timing - started having car problems again. I started taking the bus, but buses don't run at 1am, so I was having to take a cab home at $50-$60 bucks a pop. The week before I was fired I spent $280 on cabs.
A couple of weeks ago a co-worker from this previous job calls me and suggested that I should talk to HR about going back to work. They told me how the dept I worked in really needed the help.
So I did speak to HR, I'm blown away by what she said. I can't believe I didn't fully comprehend what she was saying until after we hung up. She told me that she "pulled my file and was concerned about the "On going two year absenteeism record" I had". Not that I had the same issue twice in a two year period, but an "on going two year record!" That HR person hasn't worked for the company now for over a year, I have no idea how many people have held that position since she left. But she is the only person who could have put that in my file, being the only HR employee. She had only worked there for 6 months.
There are no words to describe what I'm feeling. No wonder I haven't been able find a job. When prospective employers call asking for reference that is what they've been hearing. I wouldn't hire me, either. I have never, ever had this hard of a time trying find a job. Now I know why, finally...
I've read up on the law and I believe I have a case against both the former company and the HR person for defamation of character. I don't know what to do. I don't really want to sue the company, but the HR person is another story. The reason I believe I have a case; a company who was a client of the company I was working for, when they found out I was fired wanted to hire me. (That same day.) (I did not have any agreement with employer that would prevent me from taking the job.) This person was the regional manager of the dept. I would have been working in. They even gave me detailed instructions on how to apply online & I was told to ignore that the position was posted in IL. I would still be working in AZ. I completed the online application and a day or two later I received an email from the talent acquisition dept. We set up a phone interview, which I completed. Next step was checking my references and you guessed it, I was told that they were looking for someone else, who would better meet their needs. There are probably more potential employers, but I know this one for sure.
Do I have a case? The woman in HR did this maliciously, knowing it wasn't true.
