Employers aren't always satisfied with just firing workers; they occasionally set out to keep them from getting hired elsewhere. Trying to prevent someone from working again is blacklisting, as defined by XpertHR. The action is illegal in some states and punishable as either a crime, civil offense or both. Employers and recruiters don't openly admit to maintaining blacklists. But the practice isn't uncommon and applies to job candidates as well as ex-employees.
Employment Laws by State
Employment laws on blacklisting vary by state. But the overall rule is that intentionally preventing a person from getting hired is illegal. There are at least 29 states with blacklisting statutes, according to legal information provider Nolo.
States without actual blacklisting laws sometimes have agencies that investigate the practice. North Dakota and Virginia outlaw willful and malicious job obstruction. Maine's law is more stringent: It specifies that an employer can be found guilty whether or not it intended to harm someone.
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In Connecticut, Nevada and Oregon, conspiring or conniving with others to prevent an ex-employee from getting hired is illegal. New York, Oklahoma and Washington prohibit employers from publishing an HR blacklist database.
Signs of Blacklisting
If your job hunt is unusually difficult -- especially in a good economy -- this could be a sign of blacklisting. If you have highly sought-after skills but can't seem to land a job interview, that, too, could be a sign of blacklisting. Another sign that you've been blacklisted is when you've come close to getting hired and then suddenly get rejected. The possible cause is an unfavorable reference from a former boss who has tipped off a prospective employer about your "undesirability" as an employee.
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Causes of Blacklisting
Blackballed employees may face unemployment for years, regardless of the cause. Employers blacklist ex-employees for incompetence, insubordination, bad behavior or simply because they don't like them. Recruiters blacklist job seekers for skipping interviews, failing background checks, inflating their qualifications and lying on resumes.
Possible Recourses
To determine what your former employer is saying about you, consider asking a friend in business to call your former employer requesting a job reference. Or you can hire an investigator or reference-checking agency to make inquiries with your previous boss to determine whether you're being blacklisted.
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If you find that you've been blacklisted, you may be able to sue for defamation or discrimination depending. You can file a blacklisting complaint with the federal Equal Employment Opportunity Commission if you think discrimination is involved.
If you'd like to mend fences, contact your ex-boss, if possible, or the prospective employer and ask for honest feedback on how you could have been a more desirable employee or job candidate. If all else fails, make a new start by switching careers or industries.
References
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