Bad Reference
Author
Discussion

KingRichard

Original Poster:

10,146 posts

255 months

Friday 22nd July 2005
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Some of you may recall the problems I had with a previous employer in Estate Agency. It was around christmas/ new year time.

Anyway, I was only there for a couple of months before jumping ship, and had one verbal warning that originated from a disagreement with one of the partners. AFAIK the matter was then dropped.

Just heard that this company has just returned my reference to my new employer and its less than accurate to say the least. They make reference to complaints from members of staff, and written warnings.

My new boss has seen straight through it, as I only worked there for a few weeks and left, he can see they are just trying to twist the knife. So thats ok, I'm not in danger of losing my job or anything.

I wondered if they were actually allowed to do this? I thought a bad reference could not be given, regardless of its accuracy. Are they not supposed to make 'no comment'?

Surely its not right to lie about an employee just because the company culture didn't fit?

If they are breaking the law, do I have any grounds for recourse... ie; slander etc?

Many thanks

Dave

POORCARDEALER

8,634 posts

264 months

Friday 22nd July 2005
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Its very unusual for an employer to give such a negative reference these days, due to leaving themselves open to been sued........a bad reference these days is usually "NO COMMENT".......I would see a lawyer and threaten with legal action.

liszt

4,334 posts

293 months

Friday 22nd July 2005
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If they did not give you any written warnings then they are being libelous, as far as I understand it.

Twist the knife back and see a lawyer.

scruffy

3,757 posts

284 months

Friday 22nd July 2005
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Leave them to fester in their own bile - you've moved on...

you must've been really naughty...

KingRichard

Original Poster:

10,146 posts

255 months

Friday 22nd July 2005
quotequote all
scruffy said:
Leave them to fester in their own bile - you've moved on...

you must've been really naughty...


This is what I wanted to do... but I saw the old cow that wrote it drive past this morning, and smirk!!

Had the last laugh cos I was on the way to my exams, and I passed! She doesn't know it, but it made me feel good

Seriously, is that Libelous then? who would I go to... Citizens Advice Bureau?

liszt

4,334 posts

293 months

Friday 22nd July 2005
quotequote all
Deformation of character by the written word.
If it was spoken then that would be slander.

Hardest thing is proof, but you seem to have that.


t5-R

434 posts

249 months

Friday 22nd July 2005
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I wouldn't fret over it. Your new boss is obviously aware the reference is only fit to be used as loo roll and is quite happy with you as an employee.

Move on with your career and let your former employer be the bitter, twisted, and childish cow that she obviously is.

If the reference prevented you from getting a job, that would be a different matter. In this case you're employed and happier where you are, so two fingers to her!

Don

28,378 posts

307 months

Friday 22nd July 2005
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Never ask them for a reference again...easiest thing to do. And forget it.

Here's a tale from the other side. One of my roles is that of HR Director. Blimmin' hate it but there you go.

So a lass worked for us a while back and everytime she goes for a new position seems to include us in her list of references.

During the time she worked for us she told us she was unwell and was actually on holiday, although she had been ill too. She came in when she wanted to and left when she wanted to and sometimes this didn't coincide with the hours we had agreed with her she should be working.

None of it too bad. But when you are asked how would you rate her honesty - I can't answer "beyond reproach" because its not true. Once you say anything less than that in a reference, though, you're open to all sorts of legal crap.

Our only recourse is to simply decline to give a reference which we can do. The new employer then needs to read into that whatever they wish...

If you're old employer was stupid enough to give you a bad reference they're stupid enough to be mindlessly vindictive...I'd suggest forgetting you ever knew them.

Fatboy

8,253 posts

295 months

Friday 22nd July 2005
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Don said:
If you're old employer was stupid enough to give you a bad reference they're stupid enough to be mindlessly vindictive...I'd suggest forgetting you ever knew them.

Echo that, but add tip off inland revenue/Customs & Excise that they're fiddling the books if you want to wipe the smirk right off her face.

Someone that dumb is probably fiddling the books...

KingRichard

Original Poster:

10,146 posts

255 months

Friday 22nd July 2005
quotequote all
Fatboy said:

Don said:
If you're old employer was stupid enough to give you a bad reference they're stupid enough to be mindlessly vindictive...I'd suggest forgetting you ever knew them.


Echo that, but add tip off inland revenue/Customs & Excise that they're fiddling the books if you want to wipe the smirk right off her face.

Someone that dumb is probably fiddling the books...


To be fair, they're probably up to something... how can a business heamorhage money hand over fist for months and months and still be providing directors with £100k cars etc...

They've not made an impact on the market since I left, and hadn't beforehand. I was brought in on a whacking guaranteed salary for 3 months to try and turn one of the offices around, then met a massive wall of resistence from everyone

Not sure what they could get out of spending money that quite blatantly isn't there

Muncher

12,235 posts

272 months

Friday 22nd July 2005
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Yes it is libelous.
Very expensive to sue.
Unlikely to get legal aid for it either.


There is more than one way to skin a cat, tip offs to the Inland Revenue included

simpo two

91,159 posts

288 months

Friday 22nd July 2005
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Muncher said:
tip offs to the Inland Revenue included

HM Customs are nastier

bga

8,134 posts

274 months

Friday 22nd July 2005
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simpo two said:

Muncher said:
tip offs to the Inland Revenue included


HM Customs are nastier

much

they don't have to make good if they rip your house apart looking for contraband..........

A poor reference is very unprofessional. Most firms will supply a confirmation that the individual worked there between certain dates. They can also answer certain questions if asked e.g. was x under in any period of formal warning.
Any misinformation they give can bite them on the arse very badly if someone decides to take them to tribunal.

Mark.S

473 posts

300 months

Saturday 23rd July 2005
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Personally, seeing as you have the evidence in hand, I'd take it to a solicitor and see what they have to say.

Then again I've never been particularly good at letting things drop

Pot Bellied Fool

2,243 posts

260 months

Saturday 23rd July 2005
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Sueing for libel is not gonna come cheap I'm afraid but I'd be inclined to find a friendly Solicitor and get him to fire off the nastiest letter he can dream up - something to really make them squirm (& possibly incurr legal charges when they rush off for advice...) - if it suggests that they offer suitable compensation then they may just make a quick offer once the fear of God's been put into them.

Of course, they may just ignore it, in which case don't waste money in taking it further but delight in the bowel loosening moment they will have had when reading it...

Oh yes.. if they're members of any professional bodies then I'd get the Solicitor to cc them...

KingRichard

Original Poster:

10,146 posts

255 months

Sunday 24th July 2005
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Pot Bellied Fool said:

Oh yes.. if they're members of any professional bodies then I'd get the Solicitor to cc them...


members of NAEA

not sure those bumbling old duffers will care though. there only really worried if someone who is not a member steps over the line

No, tip off to customs I reckon... what should I say?

email me if you want

roop

6,018 posts

307 months

Sunday 24th July 2005
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I'd see a decent solicitor about it (ie: one with a good history as a proper solicitor not some high street claims scum). Worth a small consultation fee to see if you have a case. If it's a go-er, take it forward. I certainly would be apalled at having been treated this way - it may have been the case that your new employer did not see through the BS and could have well let you go, ergo move onto the third employer who thinks "Hang on, two similar jobs in 6 months and a dodgy reference..."

Had it not been for your new employer realising that the old one was a scheister it could have set back your career significantly.

When you win (which you will) invest the money as best as you can, but save a bit back to rent a big chauffeured Roller or Maybach or something and cruise by her office with the window rolled down chomping on a big cigar and flicking the V's*

*Last part optional.

regmolehusband

4,097 posts

280 months

Monday 25th July 2005
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I wouldn't go making an unfounded tip-off to C&E if I was you, it's probably more "illegal" than their bad reference - and now you've mentioned it on the internet where all sorts of government busy bodies keep an eye on us. Your name and car reg. are shown in your profile too.

At the very least I'd discuss it with the C.A.B. But these things are usually best forgotten.

>> Edited by regmolehusband on Monday 25th July 12:07

superlightr

12,920 posts

286 months

Monday 25th July 2005
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Dont tell lies to the IR or Customs. Simple.

Ignor the reference. What loss have you suffered? None.
Slander/liable is very slow and expensive. you have also to show a loss you have suffered which you havnt.

Drop it. (in the nicest of ways)

You, in your budding multi faceted carears will find ways of informally getting back to them if you wish. Concentrate on yourself and enjoy the success of your labours.

pdV6

16,442 posts

284 months

Monday 25th July 2005
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simpo two said:

Muncher said:
tip offs to the Inland Revenue included


HM Customs are nastier

Er, they've now merged into 'HM Revenue & Customs' - be afraid, very afraid!