I need advice..help!

[BMS77]

I worked for my former employer for about a year, from mid 06 to mid 07..and I eventually resigned due to constant verbal abuse from my supervisor such as name calling, swearing at me, etc. Attacking my personal character, challenging me to physical altercations. I was the only one in his dept, so he was constantly on me. Also on top of that , I have a court ordered c.s payment that requires that I have it taked directly taken out of my check, and I had letters from my case worker stating that they havent rec'd a payment and that I was in arrears. I wanted to know what was going on, only to find out my employer didnt send them the money, HOWEVER it was still coming out of my check..they would let my c.s go in arrears for a month or so then pay it off, which leads me to believe they were using my money for other things. The company was in financial trouble, and it even got to the point where they asked me to buy items for them using MY personal credit card (which I refused) and I got cursed out by my supervisor for that as well. I also believe that they are the reason I cannot get another job. I believe when employers call for a reference, they pretty much slam me. I believe this is happening because when I first started, an employer called for a reference for the guy I replaced. I heard the conversation, because my supervisor had them on speaker phone (his office was right next to mine so I was able to hear the conversation) and my boss said to the employer.."nah you dont want him to work for you, he's a flake". And I'm pretty sure that's against the law. I asked him why he said that to the employer and he said.."Because he IS a flake, and you didnt hear anything."..So for fear of losing my job, I never said anything. There were several times I would get harrassed to the point that I would say..."If Im that bad, fire me, dont constantly bad mouth me" And my supervisor would say" I'll ride you till you quit, I'll never fire you, because you'll collect unemployment if I fire you" As a matter of fact when I resigned for the reasons stated above, I was awarded unemloyment anyway. My former employer appealed it , but when It came time for the phone hearing, they were a no-show...which in my eyes is an admission if guilt as well as fear that I would expose them of how they are. The reason I am waiting so long to do anything is because last week my child's mom took my child to the doc, and she uses medicaid, but she couldnt use it and my child was forced to go to the emergency room with a 104 fever because my former employer never notified the insurance to terminate my policy, so it was still active all this time, and that was the reason my childs mom couldnt use the medicaid, and its been a YEAR!! So that on top of everything else , was the last straw. WIth all that being said, do I have a case against my former employer??

 

[cbg]

It is not against the law for an employer to give their opinion of a former employee in a reference, even if the opinion is negative. "He's a flake" is definitely opinion and is protected under the law. No case there.

You MIGHT have some legal grounds regarding the child support issue but you will need to speak to an attorney in your unnamed state. State law varies and child support garnishments are not my strong point even in my own state.

You will be laughed out of court if you try to bring a case against your employer for continuing your health insurance beyond the point at which he could legally cancel it.

 

[BMS77]

Nobody said i was going to take them to court for not terminating my ins.I said that was the straw the borke the camels back...secondly..the "He's a flake" quote was about the guy I replaced not me..and what about the daily harrassment and verbal abuse I had to endure everyday? Youre tellin me there's no case for that?

 

[cbg]

You'll have to be more specific about what the "verbal harassment" consisted of. A lot of what people consider harassment is not illegal.

 

[Duranie]

Your former employer sounds like a jerk but not sure if anything illegal occured.

As far as the bad reference, time to start putting on your app you would prefer them not be contacted. You left on bad terms, and if all the references go through this guy, he is an obvious jerk.