DEAR JOYCE:

How do I force a meeting with an employer who fired me to (a) obtain a good reference, and (b) develop a termination story that doesn't interfere with my future employment?

There was inadequate training and supervision, and a history of "hires and fires" of employees within the first 90 days.

How dangerous is it for me to omit the three-month employment from my resume or on application forms? -- J.T.

I've asked Jeffrey G. Allen, author of the revolutionary new paperback "Instant Interviews: 101 Ways to Get the Best Job of Your Life " (Wiley), "How to Turn an Interview into a Job" and "The Perfect Job Reference " (Wiley) to reply. Jeff is the world's leading placement attorney.

Here's what Jeff said:

"There's no informal way to force your ex-employer to legally 'meet and confer.' That's good news, since this is not the way to resolve a bad rap from your ex. Even if your ex consents, there'll be an employer lawyer there for sure. You'll sit there watching two dressed-up penguins doing a mating dance, paying for a performance that's likely to end with you cleaning out the corporate Kleenex.

"You want a power position, and you absolutely want to control the dialogue. The way to do it is with a candid, tough, well-constructed letter from your attorney to the CEO (or owner). No lawyer reads it first, and you hit hard and fast.

"The letter cites the applicable statutes and cases in your state that acknowledge the total control (and therefore responsibility) of an employer over hiring, training and supervising its employees. It weaves in the facts of your employment, starting with the interview. Particularly the dates and times of the many broken promises. (How'd I know promises were broken? Employers always overstate something.)

"Lies that people rely on are called 'fraud' in legalese. That is a very bad word, and in your lawyer's letter it will tend to generate a return reference letter. Upon its receipt, call and ask for another unfolded one so you can frame it.

"Now, let's assume your ex is really headquartered in Lalaland, and dares to give you a bad rap. Your lawyer will need to drop the law of 'defamation' or 'defamation of character' on him or her.

"There are two types: 'libel' (written) or 'slander' (oral). Since employment is considered so important, false statements of fact are presumed to be malicious. This invokes unlimited punitive damages (to punish) and exemplary damages (to make an example) of your ex. Ergo the phrase 'libel per se' or 'slander per se.' For you they will mean 'Do what I say!' Upon hearing this command, employers are very obedient.

"Do I sound unkind here? I hope so. I'm very visceral about this subject, since it can destroy, not employ. In fact, there should be a law against reference-checking. Unless you know how to supercharge your career using this subjective, totally controllable, powerful device.

"Finally, the omission of that short three-month nightmare from your resume and applications is a judgment call you have to make. I'm not aware of any case where this has been deemed a 'material misrepresentation' unless the candidate was fired for a violation of company policy or worse.

"That should have you off the street and into the seat ASAP. Best wishes for every success!"

NOTE:

Jeff covers how to get phenomenal personal and professional references immediately (along with 100 other essential items) in "Instant Interviews: 101 Ways to Get the Best Job of Your Life"

There's never been a book like this, and he's the only one who could write it. Place your order now, because it will be a sellout by its release in June.

Highly recommended!

E-mail career questions for possible use in this column to Joyce Lain Kennedy at jlk@sunfeatures.com; use "Reader Question" for subject line. Or mail her at Box 368, Cardiff, CA 92007.

(C) 2009 Tribune Media Services, Inc.

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