BC worker who called cubicle "HR-free zone" sues over poor recommendation

A BC man known for aggressive sales tactics and offensive jokes around the office sued his old manager over a poor recommendation for a job.

The man worked for a telecommunications company, and was a top performer in the sales department. But he was known for using pressure tactics to get clients to sign on, and was sometimes a disruptive presence in the office, according to a recent decision by a BC Supreme Court judge.

“[He] was loud and made inappropriate jokes in the workplace which sometimes offended his coworkers and even executives,” the decision reads. “[He] liked to refer to his cubicle as an ‘HR-free zone.'”

He also told coworkers the company wouldn’t discipline him because of his high numbers.

But that attitude came back to bite him later when he was applying for a new job.

He made it to the interview stage where he did a mock sales call for his prospective employer. Unbeknownst to him, one of the three panelists evaluating him worked with his old supervisor at another company.

The woman considered his old supervisor a mentor, and texted him asking for an opinion on the man’s suitability for the position. The old supervisor advised her not to hire him.

This sparked the man’s lawsuit where he accused his former boss of defamation.

While the judge acknowledged the former supervisor’s comments could’ve been defamatory, she decided that the mentor-mentee relationship between the old boss and the woman on the hiring panel their communication met the test for qualified privilege.

What’s more, the man admitted there was some truth to his old boss’ statements. He was on a performance improvement plan while they worked together, he quit by walking out, and later sued the company. As for the boss’ other comments about his former employees’ bullying sales tactics, the judge found support for for those being reasonable opinions to hold.

The man asked for a full trial, which the judge denied. She found there was adequate evidence to explain what happened with affidavits and written submissions alone. She sided with the former boss and dismissed the man’s lawsuit.

The man will now have to pay his former boss’ legal costs.