How can you tell if a former employer is blacklisting you?

Answer 1

this is what Blacklisting is in INDIANA: IC 22-5-3 Chapter 3. Blacklisting IC 22-5-3-1 Disclosure of information after employee's discharge Sec. 1. (a) A person who, after having discharged any employee from his service, prevents the discharged employee from obtaining employment with any other person commits a Class C infraction and is liable in penal damages to the discharged employee to be recovered by civil action; but this subsection does not prohibit a person from informing, in writing, any other person to whom the discharged employee has applied for employment a truthful statement of the reasons for the discharge. (b) An employer that discloses information about a current or former employee is immune from civil liability for the disclosure and the consequences proximately caused by the disclosure, unless it is proven by a preponderance of the evidence that the information disclosed was known to be false at the time the disclosure was made. (c) Upon written request by the prospective employee, the prospective employer will provide copies of any written communications from current or former employers that may affect the employee's possibility of employment with the prospective employer. The request must be received by the prospective employer not later than thirty (30) days after the application for employment is made to the prospective employer. (Formerly: Acts 1889, c.166, s.1.) As amended by Acts 1978, P.L.2, SEC.2227; P.L.218-1995, SEC.1. As I've never actually understood how a blacklist the type of which you suggest would operate...perhaps you can elaborate? You don't really think a group of employers, competing with each other over everything, get together regularly and say..."OK..here's a good employee I had but don't like...so, even though he'd be good for your business, none of you hire him as a favor to me....", do you? OK, I mean, how can you tell if a former employer is blacklisting (giving a bad reference)????

Understand please, "blacklisting" and giving a professional reference that isn't positive ARE 2 different things. Blacklisting is a term that really originated in Hollywood during the McCarty era. Writer, actors, directors, etc., who refused to co-operate with the anti-communist hysteria, or were even thought to maybe have been associated with someone that was a "communist", were listed and blatantly told "you won't work here anymore" and the studio heads all agreed to do so - even though their professional abilities were unquestioned - even considered exceptional. See link. To answer your question most directly though...there are a number of services that for a modest fee will check your references or you - as a prospective employer might - and report on what is actually being said. However, if an employer is saying that he didn't like your work, thought you were a drunk, incompetent, etc., there really isn't much you can do about it. And if it is what he believes, well anything less would be untruthful. (And I guess as someone seemingly insists I add, in Indiana it appears, if you knowingly lie and say bad things as a reference about someone, it may be called blacklisting). If someone can prove the (almost impossible) that you really knew it was a complete lie I guess you can be subject to some type of action.
Your best course of action is to not list them as a reference and if it is required, try to gear any prospective employer to disregard what they may say - hopefully by providing insight as to why the facts prove different than what the individuals comments may be - like you were given 3 raises and a promotion while you were there.
Two other ideas: If you were given written performance reviews, bring and provide them at the interview. If the reviews show you were rated well on paper and now wants to say something different...it tends to support the employers opinion may be biased. Also, if the Co has a Human Resources dept., make them the contact. Most companys policy is only to confirm dates of employment, salary range and basic things like that (to avoid any possible legal/publicity problems). HR people are very skilled at doing this, even though the caller is trying to get more out of them.

Answer 2

Here is probably the best advice: Ask why you didn't qualify. Don't be afraid to be bold. There is nothing wrong with asking why you weren't considered. Maybe phrase it this way:

"I would really like to work for your company because it seems like a great place to work! I want to be sure my application is appropriate. Are there any certifications or other qualifications and experience I should have to be considered?"

Gauge their response. This is best done in person or over the phone where you can pick up on their emotional tells. Sometimes this kind of cordial inquisition can be what ultimately impresses someone and gets you the job - if you aren't abrasive etc. It's very import to be sincere when doing this. If you get an abrasive response or none at all - then you probably don't' want to work at that company anyway.

Here are some of the signs you have been blacklisted:

1. You are more qualified than other applicants but NOT overly so. Be careful not to mistake over qualification with black listing. A lot of companies will steer away from over qualified applicants because they think they will cost more etc.

2. You have applied multiple times and never receive an answer at all. Keep in mind that sometimes over-applying can get you black listed.

3. Other applicants that you know with similar qualifications are always getting at least a response.

4. Here's the sneakiest one. This might be illegal so consult your attorney before taking my advice as I am not aware of it's legality: Apply under a fake name. Use the same qualifications only slightly different. See if you get any response. Again, this is just a test to see if others respond with the same qualifications. Don't accept an interview, return a call etc. Or just respond with, I'm not interested anymore, thanks.

Overall, the best thing to do is just ask why you weren't considered instead of stewing about it. It wastes less time for everyone, especially you.

Answer 3

You can have someone call for you and see what is being said. It is illegal for an employee to say certain things and if they are blacklisting you, you may have lawsuit material against them.