Negative and untruthful employment refererance

cavu2u

Well-Known Member
A while back I worked for a small 135. The operator had run into some money trouble and I ejected when they started cutting safety and maintenance corners. I did not report but probably should have. I gave the operator a two week notice but also knew they were going to have trouble finding a pilot to fill my seat. The operator held on to my last paycheck claiming I didn’t give them enough notice to find a replacement pilot. They retroactively required a 2 month notice after my last day on the job. I spoke with a lawyer but the cost was prohibitive for going after my remaining pay.

I heard today that the operator was giving a pretty poor reference. I recently applied to another small 135. I had a very good conversation with the CP who at one time reported to the CP of the old 135. New CP told me he was going to reach out to old CP and get back to me. I never heard back from the new company. A few months have gone by and ironically I found myself at a cookout today with the new CP. I was able to get him aside for a quick “what happened”. He gave me an earful of how I tried to ruin the company. They claimed I did a bunch of unsafe things while flying their jet. Reportedly they were going to fire me when I saved them the trouble and resigned.

Nothing the operator said is true and I was never written up during my time at old 135. I do not have any record of enforcement or investigations. New CP said he decided to pass based on their comments though he knew the old CP was a crusty old vindictive ass. He was apologetic and wished me good hunting for my new seat.

I’m pretty peod about this. I can’t afford the legal cost on a reputation lawsuit. What else can I do to put a stop to this?
 
What he said. You don't need a lawyer to fight wage theft, even the most red states Depts of Labor will be glad to do that on your behalf, and after they get you your money they will impose enough fines to make it "not worth it" for them to try it again.

...And then get a lawyer and sue his ass for libel and slander.
 
What he said. You don't need a lawyer to fight wage theft, even the most red states Depts of Labor will be glad to do that on your behalf, and after they get you your money they will impose enough fines to make it "not worth it" for them to try it again.

...And then get a lawyer and sue his ass for libel and slander.

Apart from FL. But the Federal DoL will help you there.
 
What he said. You don't need a lawyer to fight wage theft, even the most red states Depts of Labor will be glad to do that on your behalf, and after they get you your money they will impose enough fines to make it "not worth it" for them to try it again.

...And then get a lawyer and sue his ass for libel and slander.

He can't sue for libel - you have to publish something for that.

Slander maybe. But I'd point out that if this operator has financial problems, then the OP is probably going to be at the end of a long line of collectors.

Probably not worth it.
 
He can't sue for libel - you have to publish something for that.

Slander maybe. But I'd point out that if this operator has financial problems, then the OP is probably going to be at the end of a long line of collectors.

Probably not worth it.
They are both incredibly hard to prove. Not worth it. But it usually doesn't cost much for a lawyer to write something toothless and mail it. Most people aren't smart enough to know it's toothless.

But they do owe him his wages plus interest for each day that he has not received him. I think there's more penalties than just interest to, but it should cost you nothing at all to get your wages. After the DoL gets done with them they probably wouldn't be too inclined to mess with you anymore, especially after a nastygram.
 
1) There are services which will call to check references posing as a new company for you, or simply have an aviation friend call for a reference posing as a potential employer.

Not sure if you work /live in a single party recording state, but, if it can be legally recorded, record it as well.

2)Take it to just about any local employment lawyer, sue for defamation / ( possibly tortious interference )

3) let the lawyer profit. Even if you get nothing, you won't have the old CP hanging over your head. After paying legal expenses, there's a good chance the old CP is gone, and the old company won't give anything more than "we can confirm she worked here". They have to be able to prove claims made, especially if negative. Without any corrective action records ( signed by you) they'll have a tough time.

There is a reason so many companies won't provide any references now, beyond confirmation of employment. There is great potential for suit from both the former employee and the new company.
 
I called for a buddy and recorded the conversation for him. Took it to a lawyer, all good after the lawyer got his greedy little hands on it. Not recording was not admissible, but they do it once, they will do it again. So I would deal with this ASAP.
 
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