Dear Evil HR Lady,
I was terminated for made-up reasons that have little to do with the real reason, which had to do with my blowing the whistle on something. I'm now looking for a new job and am concerned about references.
There's the official company version of events and then there's the employee's version. I know which one is right, but the person asking the questions won't.
Here is my question: How do I present my version of the story without scaring away every potential employer?
You are smart to be concerned about professional references. Many people think of them as an afterthought or are convinced that it's illegal for their previous company to say anything about employees other than to confirm their dates of service and job title.
In fact, companies and individuals can say anything they want to in a reference check, as long as it's true. However, as you point out, what's written in your file and your official reason for having been terminated may not represent what actually happened. Additionally, even when company officials' version of events is the absolute truth, it doesn't mean you're a horrible person who should never get another job in their whole life.
Let's also talk about whistle-blowing. You didn't mention what type of law was being violated, but many people think that complaining about anything qualifies as "whistle-blowing." It doesn't. Laws vary by state, but for the whistle-blowing to be legally protected the corporate behavior or practice you expose must be illegal. Many times people think they are exposing dire acts when, in reality, the practices are perfectly legal, even if it they are sketchy or unpleasant.
Potential hiring managers aren't too keen on hiring people who have tried to expose their previous employers' sins because they assume you will turn around and do it to them, too. Companies frequently violate some state, local or federal law. So unless the offense was some sort of major, newsworthy incident, defending yourself in this manner could backfire. Here are some things you should do to ease your job-search:
Speak directly to your former boss. The first goal of firing someone is to make them go away. Often, companies are willing to negotiate a reference (although this should be done at the first hint that you'll be terminated, not later when you're job-hunting). Call your boss, explain that you are looking for a new job and that you are concerned about what he'd say in a reference. Ask him what he would say. If you get the feeling he would mention something you think is false, you can remind him that he is required by law to be honest in assessing your tenure at the company.
(I disagree with speaking directly with the former boss, "Unless" you believe your former boss has at least an ounce of integrity which in my situation wasn't the case. If your company's management has shown a willingness to lie, undercut their own workers every which of way possible, and violate every labor law they believe they can get away with, I wouldn't speak to them at all. Speak to HR. After all, the HR Director may be a wimp as was the case in my situation with the HR Director at Wingspan Portfolio Advisors, but they still want to keep their job and chances are they will play it SAFE.)
Speak directly with your previous employer's HR department. Ask what they will say if called. Most HR departments don't do anything more than confirm dates of service, titles and salaries. Chances are they will do the same. Many companies have policies against giving references at all, but few managers follow that counsel.
Have a friend call and ask for a reference. The best way to figure out what your ex-employers has to say is to have someone ask. You can find plenty of sample reference check questions on the Internet. Write up a script and have your friend call and conduct a reference check. Have him make notes on what the person said. This way you know what you are up against.
(I am a big supporter of enlisting friends and family to call for a reference. As a matter of fact, I personally believe you should call up the HR Director and ask them straight up what information will they give about you and let them know that you will be having a friend call in for a reference. Nothing wrong with this. It costs very little money to apply for a business license in any state and who is to say your "Friend" or "Family Member" doesn't have a business. I personally know several people who have started businesses or who have applied for a business license and Tax ID. So you are not breaking any laws whatsoever.
It's unfortunate but you have to do this in an age where so many unscrupulous employers, former managers, HR Directors are willing to skirt the laws and screw up your next opportunity. After all they are people too and are open to vulnerable behaviors and emotions of being vindictive and petty as we all are.)
Find a person other than your boss to serve as a reference. If you were actively employed, it's pretty easy to avoid a reference check at that company. Most recruiters won't attempt to jeopardize your current job by asking about your performance there. But since you've already been terminated, most recruiters will try to talk to that company. If you present them with a name early on in the process, they are less likely to try to track down your boss. This person ideally should be someone who you worked for. If not a former direct boss, then an internal client. Talk to this person -- don't just write down a name because you know she thinks you're awesome! Ask permission to use her as a reference.
(I don't trust this one for two reasons. The First reason is that I have worked for companies where the management works hard to cultivate an atmosphere of fear. They want everyone to be afraid for their jobs and falsely believe this is a way to force higher productivity out of people. Wingspan Portfolio Advisors was one of those places. So it would be very hard to find another "reference" within the company willing to buck the company. The company was very insulated and all of the management or those being groomed into management all knew one another and pulled for one another. They would not buck each other to give you a good reference even if they knew it was the truth.
Also, HR Directors are slick. Ever really read one of those applications you fill out? In depth? They specifically want to know the name and title to your manager and your manager's phone number. They want "company numbers". Not random numbers to cell phones, etc. Fortunately many company's have policies against references and have instructed all managers to not give references and to forward all calls to HR who are trained to only give out certain information. After all, the HR department never really knows who it is that is requesting this information. It could be a company you've applied at OR a friend of the family.
For this particular question, I'll just give the number to HR. Play it safe. You do not have to give the number to a specific manager and companies' really shouldn't be asking for that. What if it was a manager who personally didn't like you and who set you up for termination? Honestly. It makes no sense and the law that was passed giving people the ability to sue for bad and dishonest references is a good and just one. It was created for this very purpose. Too many good employees who happened to have a jackass manager were having their future job prospects sabotaged. And trust me you, a bad manager WILL sabotage your future job prospects. I have seen it done too many times before.)
Focus on networking. Sometimes you can avoid a reference check by going around a prospective employer's HR department. If you can get a job offer from someone you know personally, or a friend of a friend, they may avoid the reference check completely. Additionally, a manager who is really sold on hiring you may discount or ignore a negative reference from your former employer.
Be honest. This means discussing your role in what got your fired. If you blew the whistle on illegal behavior but were also a huge slacker, or annoying or late for work all the time, don't pretend the latter didn't play a role in the termination. But if your performance was stellar prior to this event, provide the reference checker with a copy of your strong performance reviews. But whatever you say, don't lie and don't place blame by saying something like: "When you call Acme Inc., they will probably say that I was terminated for failure to record my vacation hours. While this is technically true, no one in our department ever recorded vacation hours. I was singled out because I reported an OSHA violation."
(Again, I disagree with this. Be "Honest" Up to a Certain Extent. The HR Director or Recruiter does not know you and could care less about your "explanation" of what happened. They will put your manager's word ABOVE YOURS. Tell them you left because the job was not a good fit and leave it at that. Call ahead to your HR office and ask what information they will give out. They will be upfront. They too are trying to keep their jobs and can't become entangled in a company lawsuit for giving out false and possibly misleading information.)
Provide numerous references from previous jobs. Don't just offer up one reference contact -- provide at least four. If they call three people who think you're fabulous and one person who says you were fired, they are more likely to give weight to the three folks who liked you. If it's one pro and one con, you're probably out of luck.
Don't sound angry. I know you are angry. But anger always comes off as a bit crazy, and no one wants to hire crazy.
