Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

I'm looking for a new job, can my employer give a bad reference?
Find answers to your legal question.





I'm looking for a new job, can my employer give a bad reference?

I'm not happy with my current employer, after almost 7 years of loyal service, I find myself in a legal battle over them, where they have been discriminatory, they are trying to argue they haven't been. As a consequence I have had 6 months off on stress related sickness leave, how will this affect me as far as a reference goes in particular attendance?


    




Kristen
o hun don't worry about it....most "new jobs" dont' contact the previous employer unless they truely feel it is needed....they normally call your references in order to check about attendance stature...meaning....are you dependable?...responsible..yada yada....brush it off...


veljoe2003
Rating
Your Past employer is able to legally answer any questions that was work/job related, even if that information is negative. However many employers, to avoid saying the wrong thing will typically only provide or confirm employment dates and Job title.

Your previous employer may not answer questions of a personal nature, nor should any personal questions be asked.


charlie
They can't it's illegal. They can send a letter just confirming the dates that you worked for them, or not reply at all. A new employer will read into what HASN'T been said.


bails
Rating
They cant give a bad reference but they can refuse to give one though. They can however say in all truthfullness that your attendance record wasn't very good in the end, so if I were you I'd be up front with any prospective employers. Having worked for your employers for 7 years they will appreciate you must have be a valuable employee for most of the time


paultoledo34
Rating
they can do anything try to give a supervisor that u got along with the number it might help.good luck


buckeyegirl
personally, i'd find someone else to do the reference. shouldn't affect attendance, though, if you have doctor's excuse!


sparkle
Rating
It is illegal to give a bad reference. If a bad reference is given, it can incur a law suit. However your employer can simply refuse to give a reference.


Jay
Employers can and do give bad references even though the law doesn't permit it.

Legally, all they can do is verify basic information, such as how long you worked there, the dates, your position and pay scale.

Unfortunately they break the law with some frequency when they have a grudge.

It is difficult to win in court because you have to be able to prove two things.

Number one that they did it. Number two that it impacted you because you didn't get the new job as a result.

Good Luck, you will just have to keep putting applications. Sometimes it helps to be honest with a potential employer when you KNOW that the ref is going to be bad. Best to just say, we had a personality conflict.


kaff
Rating
They can I believe, but they have to tell you.


Nova
Legally they can only say: 1. The dates that you worked there 2: If they would hire you back. If you are sueing them, I'm sure they don't want to be sued for more crap. Plus, you can easily find out by having a friend call and pretend to be a human resource person. Just make sure that they ONLY ask if you were employed, when and if they would hire you back. If they ask more stuff, your employer will know it's not real. Hey, just got an idea..record it if you can. If they say bad stuff about you, you have more you can sue them for ! Good luck. Don't let a** holes get you down. That gives them power. And they do not deserve the power to affect you. Living well is THE best revenge!


TATRAFAN
No I don`t think they can, but they can refuse to give you a reference at all and your future employer will read this as a negative.


Jason W
They can decline to give one, which is as bad as no reference
Jason W


Brian.H
Your employer can say whatever they want, but when they have to go the industrial court they will get caught out. The best mediums to lie over these days are the telephone and of course the internet.


javy
Yes, but the truth will make you free. As you said, you have a legal case going on so, the court will decide. I am presuming that the court is not corrupt and justice will prevail.


What the Heck
Rating
You could get a colleague from your place of work to give a character reference as opposed to a works reference. Problem is, some company policies are to write direct to your last employer.


chris
i think you should just keep trying to do what you were doing it doesn't matter if you got sick !!!!!!!!


john v
Rating
If an Employer gives a "Bad" reference they are breaking the law ..They either have to give you a good reference or no reference at all..On the basis of the latter option a perspective employer would not take kindly to you being unable to provide a reference ..As far as the Attendence record is concerned this also is a negative reference as far as any future empoyer is concerned
Sorry its only bad news
I would advise that you take up your discrimatory complaint with an Industrial tribunal and/or see a solicitor who deals with such matters ,,,your local solicitors office should have a qualified emploment related solicitor on their staff
Good Luck


path2631
Rating
Ask them not to contact that reference and give a brief discussion why, Hopefully you have copies of your job performances that you can show them before all this came up.


paintedtearz
Rating
In the UK they can refuse to give you a reference which is just as bad because your next employer will be wondering why.


cat-cat
Rating
i am not sure how you got the six months off..if it is by the family leave act then no it will not go into future empolyment reference..but if it is just medical leave yes it can be considered in the hiring ....there are many factors considered in the hiring process and even your credit report can go into consideration when someone is hiring you...if you are in default on loans or child support is behind this too is a factor....


Winters child
Rating
you have a reason to be out of work. If you want and are ready to look for another position, make sure you get clearance from your employer that they will give you a good reference. 7 years is a long time to work for one employer. that speaks for its self.


capa-de-monty
Rating
if you arnt happy with your employer then the chance's are they arnt happy with you.


P B
Rating
they cannot give a bad reference they can only not respond to the request for a reference which is just as bad as sending a bad one in the new employers eyes.


stephasoris
Rating
A letter of reference needs to be requested. If you believe that they will give you a bad one, then just dont ask.

As far a your new job calling your old one, unless you put them down as a reference on your resume/application....all that the new job can do is ask them to confirm that you worked there, they cannot ask any character questions...that would be illegal.


NicksClicks01@yahoo.com : Happy!
Rating
yeah your going to have trouble with a job buddy


wcanoodle
Rating
Don't worry about it. There is nothing else you could have done probably. You just have to take it one day at a time. If you can get a job at a temp agency and work there about 6 weeks and when they don't give you enough work, file for unemployment due to "lack of work" and they will take out the unemployment against your employer that discriminated against you.


Darcy B
Rating
yes but they can only state the facts like tardiness work ethic those thing nothing personal and if your in a suit with them more then likely their lawyer will tell them not to say anything


baby_face_paris
By law, I don't think they can actually write a bad reference, ie stating what they think of you etc. They have to be factual. So, for example, if your time-keeping was bad or you had poor attendance ,they can mention it but they cannot make personal remarks.


MadforMAC
Rating
there are ways employers can say something negative without saying something directly.


shaun
Rating
if your in the UK, then NO they cannot but if you have broken the law whilst working for the company then they have to dislose to your new employer, must companies now just give a generic reference





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Should Extra Duties Equal More Pay?
Should Extra Duties Equal More Pay???
is there a website on this?? or any info for california?? and Just because we are in a recession, that does not give companies the right to mistreat me or ...


 How does worker's comp work in CA if you work a part time job?
There's more to this story than just working a part time job. For some reason I always thought that filing a workers comp claim was a bad thing, but now I'm not too sure. Yesterday as I ...


 Is this legal for a company to do?
Home Depot has told me for three weeks that I have a job there when summer comes around, during these past three weeks I turned down a job at Target because I thought I had the job at Home Depot. E...


 Unpaid Statutory Holiday?
If an employee has worked for a company less t han 30 days before a statutory holiday...is it allowed that the company does not pay the employee for that holiday? He still gets to take the day off ...


 Can I become a legal secretary with a Master's in English but no experience?
I just graduated with a Master's in English a few weeks ago. So far I am having very little luck in finding a job. After doing a little research, I discovered that legal secretaries make a ...


 Am I required to accept comp time in lieu of overtime?
I have been working at this university for three months and am classified as temporary part-time but I work over 40 hours most weeks. I have accumulated over 60 hours of overtime but the school says ...


 Is it acceptable for an employer?
to allow me to stay at work when I have said I have a high fever, and co-workers have even felt that I have a fever? I am a cashier. This seems to show a complete disregard for the health of the ...


 Is it legal to use a recording device in Texas without the other person knowing it?
I just need to know if I want to use a recorder to record a conversation, if it is legal to if I am the only one who knows it. And to use it in court? And is it legal in the state of Texas?...


 Can I reject the job after signing a employment offer acceptance letter?
I signed an employment offer acceptance letter. I'm starting to have second thoughts. Is it OK for me to tell them that I am no longer interested? What are the legal ramifications against me?...


 is this a legal document? How do I prove there was no witness present?
we own our own business and got into a spot of bother with paying the rates, were the bailiffs came to take our stock. so our landlord came up with idea of document stating he owned the stock which ...


 can my employer hold my tips, is it legal?
I work at a Dunkin Donuts in IL and some customers leave a "tip" The problem is that the owner of the location, does not allow us to take the tips home. We never get more than $5.00 on a 8...


 What is the personal liability for a payroll clerk - California?
If the company has a vacation policy that the clerk knows to be illegal, is the clerk liable in any way. The clerk has told management about the illegal policy (a use-it-or-lose-it policy regarding ...


 Lawyer Starting Salaries?
I hear that some starting lawyers can make up to 160 thousand a year right out of school?!?...


 How hard is it to become a lawyer?
I know you have to go to law school, and then I think you take the bar. But how competitive is it?...


 Thinking About Being a Lawyer?
I hear that lawyers are well paid, and that there are a lot of legal jobs. Should I go to law school and try this as a career?...


 My husband is attending school in another state and I am quitting my job to move, Will I get unemployment?
My husband and I are required to move out of State because he is attending a graduate program at Washington State University. I of course have to quit my job to move. I told my employer I would be ...


 Working Papers needed?
I want to get a job this summer, and I want to either babysit, pet sit, or be a tutor. I'm going to be 14 years old next month and I want to know if I need to get working papers to do those jobs....


 who makes a better salary? Legal secretaries or medical secretaries? And what do they pay (east coast)?
...


 hi i was just needing to know if its legal to get a fan?
we rent a apartment weve had problems with our air conditioner and heat not working right ever since weve moved in we went and talked to our land lord the first time about our heat and she asked why ...


 Is it worth getting a Bachelor Degree to earn $11-$18 an hour (Today's Job Market going pay rate)?
I was looking over the local Job Opps. & see a trend in salaries.
Most jobs descriptions I find challenging are requiring a BA & are only offering $11-$18.00 an hour. (No joke! parts ...




Copyright (c) 2009-2011 Wiki Law 3k Tuesday, May 29, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084