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My last employer got nasty an unethical when I quit. I may have to sue them. Should I include them in resume?

When I gave my notice, which was a month and a half notice, indicating that I would be relocating, the next day I was told that they would make this my last day. I was ok with that because the job was awful; however, we had made a previous arrangement before my decision to relocate that I would be able to take time off for my wedding, and that I would make up the time. Well before the leaving I had made up 72 hours of work in advance of the wedding. Now this employer does not want to pay me for those hours. I however worked these hours, and want to be paid for the work I have performed, so I have legal action pending against the company. However, if potential new employers call this company they will most likely bad mouth me due to the fact I am pursuing legal action, and they will potentially tell untruths about me work performance. I was not at this company very long, so would l do better just leaving them off my resume and applications or not?

14 Answers

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  • Gem
    Lv 7
    1 decade ago
    Favorite Answer

    You have to be really careful about this situation. I once presented a candidate to a potential employer that she was perfect for. They loved her, but when asked about the reasons she had left her last job (of 8 yrs) she told them that she was sexually assaulted by a manager and had a lawsuit pending. (She had NOT told me that, don't ever, ever lie to your headhunter!)

    I get a call from the prospective employer asking me W T F??? As I had no idea, I couldn't answer that for him. He (the employer) was at a loss, he said he loved her skills, thought she was a perfect personality but this lawsuit, made him wonder what was up. He wondered how she contributed to the situation, did she flirt with the guy? Was this a case of oversensitivity? Etc Etc. Even though I believed her, the potential employer had many, many doubts and ended up not offering her the job.

    I know people think employers can only give references on things like hours worked, pay, start/end dates, etc., but that is not true. It is totally within a former employer's rights to say anything in a reference check that can be backed up with documentation in an employee file. The problem you have is that this employer has already shown themselves to be unethical, so nothing is stopping them from lying their butts off on a reference check and creating false documentation in your employee file.

    My best advice is the following, if you have come up with good reasons to for the gap in employment history, leave them off your resume. As for the application, it IS a legal document and an error of omission could be considered fraud and open you up to being terminated for lying. I can tell you from experience though, that the only time an employer goes back and double checks the information contained in your application (not your resume) is if they want to fire you and are looking for an easy way out. So if you are doing a great job for your new company they would never have a reason to check your background after you are hired. In this situation I would take the risk of not listing it on my application either--but KNOW that it is a risk.

    As far as your lawsuit, good luck. Odds are the company will just settle it and offer to pay you part of the money to make it go away, if that happens, make double sure that you have a clause in your settlement that binds the company to never release any information about your employment other than verification of dates worked, title, and wages and have that spelled out in the settlement papers. Otherwise, you are leaving them a chance to pay you off then b*tch about you to any other company that calls for a reference check, protect yourself!

    Good luck and bad employers suck!!!!

    Source(s): Years of recruiting/HR managment, certified in employment laws
  • Bart S
    Lv 7
    1 decade ago

    If you can get away with it until the case is resolved, then it might be wise to leave them out.

    After that, you can include them and, if asked, be honest about the situation when you left WITHOUT bad-mouthing the company, which would count against you in an interview as disloyalty.

    Also, previous employers cannot be contacted without your say-so. It is up to you to specify your referees and their position within the company. Don't use anyone from this place, probably ever!

    Referees cannot give a bad reference in some countries (the UK for example), but can only refuse to give a reference. Maybe you need to investigate whether that part applies where you live.

  • 1 decade ago

    If you believe this job will give you a better opportunity to get a certain job or will make your resume better for a certain job than you will have no problem putting them on your resume to have potential employers contact them and confirm your position at that previous company. It is illegal for any company to bad mouth a former employee when they are asked for a referral(whether they quit, got fired, or whatever the circumstnace)therefore, the previous employer must acknowledge the fact that you did indeed work for them, but they will probably say they are too busy to give any other information on you if they are asked about your character. Hope I helped! Good luck!

  • 1 decade ago

    If you and the employer made that agreement and you were willing to make up the hours as you did and they arent going to pay for it and you handed in your notice I would take it further , Make sure you get your pay that your owed and don't put them in your resume if they are being like that. I had problems with my old job that I just left and I took it further and they weren't expecting it and they came out second best. GO FOR IT

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  • Anonymous
    5 years ago

    They CANNOT keep your paycheck! Go to the EEOC and file a Formal complaint and you may also file a complaint with the LLR (labor-licensing regulations Board). If you decide to leave without 2wks notice, contact the EEOC first and ask for how you leave the job and explain you were threatened by your present employer...which is also a crime. Sounds like a bad place to work--I'd be looking too.

  • 1 decade ago

    Your matter is a Labor Law matter----1st off a former employer by law isn't allowed to reveal anything about you other than verify your dates of employment with their company-----You could set them up by having someone call them to verify employment----RECORD the conversation----If they are slandering you by telling tails of you or your work ethic---You have a valid law suit to sue them ....GET A LABOR LAW attorney for this!

    Your 72 hours of worked time-----and then they turn around and NOT pay you is a WAGE Labor ISSUE----If you have your recorded proof of the time you worked and witnesses that can verify this fact....man oh man...this company could be paying you 3-5x the amount of the 72 hours monitary they owe to you!....I swear..Some employers are just slime bags.!!

    Before I would print their names on my resume I would have your lawsuit cleared up!!...If you only worked for them a brief time...FORGET ABOUT including them!

  • 1 decade ago

    First, by law your previous employer cannot give their personal opinions about you to a new employer, only factual work information like attendance, pay, hours, and such. Besides, if you're going to sue them, logic dictates that you don't put them on your resume. Don't you think?

  • 1 decade ago

    I would leave them off both....you dont want them ruining a possible job for you out of spite! Good luck you your legal actions and finding a new job! Congrats on getting married! lol

  • 1 decade ago

    if they made up a significant part of your work history, then yes. If you don't, you'll have a hard time explaining the void in your resume.

    If not too long ( and in that I mean a couple of months), then no. do not list them.

    do not list them as a reference.

  • 1 decade ago

    Yes, oh course leave them off. You are only hurting yourself if you mention them because you know they are going to give a bad report about you.

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