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multijoy
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Joined: 03 Oct 2008
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PostPosted: 10:30 - 17 Nov 2011    Post subject: References Reply with quote

I've a bit of an issue, having left my last job under a cloud. (There's a lot of 'he says, she says' going about, and I've got some legal advice on the go).

Problem I've now got is that, short of an injunction, I've no way of stopping my previous employer repeating an allegation of gross misconduct until such time as I either go in front of a tribunal or get them to settle out of court.

This basically leaves a 7 month period of employment I have to say 'sorry, I can't ask them for a reference' about, which is going to be an issue looking for a job. Any thoughts on ways to mitigate this?
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fatpies
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Joined: 01 Mar 2011
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PostPosted: 11:03 - 17 Nov 2011    Post subject: Reply with quote

A number of tactics around this.

I had this happen to me about ten years ago.

Use your pay slips as evidence you worked there and pretty much say you didn't get on with them.

Secondly if there is still clouds of doubt work (not unpaid some sort of backpay arrangement would perhaps be best) a probation period for them and prove the reference wrong by working hard at the new place.

I did a combination of the above. The bad reference followed me for two jobs. First job the bad reference came a month after I'd started working there as the beech who gave it to me was on hols. I just had a glowing interim performance review. They reinterviewed me about this and told me after the interview about this they kept me on.

The second time my previous employer backed me up, so it was 50-50 they took the chance and I stayed there for quite sometime.
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shereen
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Joined: 15 Mar 2011
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PostPosted: 11:57 - 17 Nov 2011    Post subject: Reply with quote

A previous employer can not give a bad reference. The worst they can do is refuse to give one at all.
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 12:28 - 17 Nov 2011    Post subject: Reply with quote

Employers don't tend to give bad references, but there's nothing stopping them from doing so. If you don't like it, you'll have to kick off a libel action.

If questioned, I'd fess up and say that you had a dispute, but that it's limited to that specific employer, and not a reflection on you or your attitude.
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panrider_uk
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Joined: 23 Sep 2007
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PostPosted: 12:35 - 17 Nov 2011    Post subject: Reply with quote

Our company now has a policy of not giving out references at all.

They still expect to be able to get them from potential employees though!

Mark
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chrisw
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Joined: 24 Apr 2006
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PostPosted: 14:41 - 17 Nov 2011    Post subject: Reply with quote

shereen wrote:
A previous employer can not give a bad reference. The worst they can do is refuse to give one at all.


Incorrect, they can and do, it's only if they are lying they come unstuck.
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