Wrongul termination, then threats to new employer

[SueTex]

What is the name of your state (only U.S. law)? TX, but part of this is a federal law question

I was employed by the federal government for four years in the same state, but when I took a federal job in my current city, I was unfairly terminated after I informed my second-line supervisor I was looking for another job (this was encouraged in my previous federal job); however, the paperwork submitted for my personnel file was so damning that the job I was promised did not go through; I received an email from the gaining department that the redaction of the job offer was due ONLY to what was in my termination paperwork. And I, curiously, was given a cash award for performance two months prior to the start of my termination paper trail. Went to EEO and the labor union and received no help from either; the union tried but my supervisors did not honor my requested for a union rep at meetings. Was unemployed for five months, then took a job with a civilian employer which works only with clients of this federal agency. I was fired after 30 days; was informed that my previous supervisor called and threatened to withhold all future referrals (which would have closed the civilian clinic) 2 weeks earlier.

I've worked in my field for over 20 years and have received only positive performance evaluations and reviews. I decided to let the federal thing go because I don't know any local attorney who wants to fight the federal government, but this latest thing with the civilian employer is too much. It appears this previous supervisor is blackballing me and that I will be unable to work in this town (which is built around the military). This CANNOT be legal, but what can I do? Can't afford to pay an attorney until I get another job, and that will be much more difficult now. Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? TX, but part of this is a federal law question

I was employed by the federal government for four years in the same state, but when I took a federal job in my current city, I was unfairly terminated after I informed my second-line supervisor I was looking for another job (this was encouraged in my previous federal job); however, the paperwork submitted for my personnel file was so damning that the job I was promised did not go through; I received an email from the gaining department that the redaction of the job offer was due ONLY to what was in my termination paperwork. And I, curiously, was given a cash award for performance two months prior to the start of my termination paper trail. Went to EEO and the labor union and received no help from either; the union tried but my supervisors did not honor my requested for a union rep at meetings. Was unemployed for five months, then took a job with a civilian employer which works only with clients of this federal agency. I was fired after 30 days; was informed that my previous supervisor called and threatened to withhold all future referrals (which would have closed the civilian clinic) 2 weeks earlier.

I've worked in my field for over 20 years and have received only positive performance evaluations and reviews. I decided to let the federal thing go because I don't know any local attorney who wants to fight the federal government, but this latest thing with the civilian employer is too much. It appears this previous supervisor is blackballing me and that I will be unable to work in this town (which is built around the military). This CANNOT be legal, but what can I do? Can't afford to pay an attorney until I get another job, and that will be much more difficult now. Thanks.

I want to apologize on behalf of the forum volunteers for not addressing your legal questions and concerns when you first posted them on the 11th. Your thread might have been overlooked or it is also possible that the volunteers have just not had the opportunity to answer your questions. Many of us have full-time jobs and respond to threads when we have extra time.

In the post you created in the defamation section, you asked about the elements of defamation. Following are two links that outline the elements that need to be met for a suit to be successful in Texas. When you are dealing with performance reviews, however, you will often find that much of what is said is either subjective opinions or covered by a "privilege" which protects what is communicated from civil actions.

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.73.htm

http://www.dmlp.org/legal-guide/texas-defamation-law

You also asked if defamation was different than blackballing. Blackballing tends to center on discrimination (age, race, gender, etc) more than defamation (false statements of fact).

I can expand on this later but will let the volunteers who know more about employment law than I do address the treatment you have received from your former employer.

 

[commentator]

I believe this person's issues have gone far beyond what anyone on this thread would be able to help him with. If there is any employer in this country that is monitored for "wrongful termination" more carefully and has a bigger system in place for protection for its employees from wrongful termination than the federal government, I can't think of it. Though in his description of the situation, he was very badly dealt with, the OP got no help from the agency's EEOC rep OR the union. This all sounds very peculiar to me.

And just about everyone I've ever seen terminated from this sort of position has retained an attorney. It has been greatly to their advantage. And there's really not any negative perception from any attorney I've ever heard of about "taking on the federal government." Generally it seems employees are likely to get much more satisfaction for and attention paid to their arguments about the justification of the termination than people in private industry are likely to do. At this point, I pretty much think this person needs an attorney badly, and should've had one for a long time.