Disgruntled former employer has contacted my references

[retailer28]

I began working in this job a few weeks ago and I found that it wasn't for me after a week so I didn't return. I didn't call them for a day or two and I know that that was bad practice.

I told them that I wasn't going to pursue the job and the employer told me that I had let them down and that my behaviour was terrible etc.etc.

They also told me that they were going to call my other ex employers and tell them what had happened and they said that I would be lucky if I was able to get any reference after this.

I have since discovered that they rang my references and told them.

Now, I am unsure whether I will be able to get any job since they messed with my references and dragged my name into the mud.

Is there anyone who might know what to do in this circumstance?

 

[ClubMan]

Re: reference

Is it possible that this is a breach of the data protection act? You provided certain personal details to them to allow them to check references - not to give feedback to former employers?

If your previous employers were otherwise happy with you up to now then why would this negative report necessarily change their mind now? Surely it's quite possible that they might consider your latest (ex) employer a bit of a crank for acting in this way?

 

[retailer28]

Re: reference

yes, thats what Im hoping. I am currently seeking work and I am really hoping that my references are okay because from what she said I will not be able to get another job. She was a really nasty person and the business that she is running provided very little training or support for its employees. I found that she was bossy, overbearing and not a very nice person once I had began to job and I knew that it wasn't for me. Surely , she should not legally be allowed to do something like this? I just feel like there should be some sort of protection for employees.

 

[gallantman]

Re: reference

"dragged my name into the mud" - did you not do this yourself for not turning up for a few days without a call ??

 

[ClubMan]

Re: reference

I am currently seeking work and I am really hoping that my references are okay

Then you should call your other ex employers and ask if you can count on them for a reference, positive a positive one. You should do this anyway but especially in this situation. It might even be possible to have somebody check your references independently to see what they say.

She was a really nasty person and the business that she is running provided very little training or support for its employees. I found that she was bossy, overbearing and not a very nice person once I had began to job and I knew that it wasn't for me.

You found all this out in one week and didn't notice anything untoward at the interview/negotiaton stages? What was your role? Just wondering why you didn't face up to the situation and try to rectify it or tell them straight that it was the wrong decision rather than running away from it?

Surely , she should not legally be allowed to do something like this? I just feel like there should be some sort of protection for employees.

As I say - check if this was a breach of the data protection act. You might even consult with a lawyer (e.g. regarding potential defamation) if you felt strongly enough about it and had sufficient evidence to create a strong case. Not that I'm recommending this - just throwing it out as a possible option.

 

[retailer28]

Re: reference

Firstly, I did not know what the lady was like before I worked for her. She was pleasant and polite in the interview. How am i supposed to know what she is really like until I start working for her? As for not calling her, i didn't call her for one day and then the next day, i told her what I had decided and I apologized for any hassle I had caused her. She won't pay me and wont give me my P45 and she has messed with my references. I have never dealt with anyone as spiteful as this. No matter what has happened nobody should have a right to use your information to cause trouble for you. Its my right to be able to find a job no matter what has happened with her.

 

[ClubMan]

Re: reference

She won't pay me and wont give me my P45 and she has messed with my references.

I think that you have legal obligations to both of these. Contact the DETE Employment Rights section for more on your statutory rights in this context.

No matter what has happened nobody should have a right to use your information to cause trouble for you.

Check with the [broken link removed] and/or a lawyer.

Its my right to be able to find a job no matter what has happened with her.

You don't yet know for sure that your references have been compromised. Contact them and maybe get somebody to contact them acting as a potential employer to check.

 

[miak]

Re: reference

Hi retailer28,

Under the Minimum Notice & Terms of Employment Act, 1973, you were not obliged to give that lady any notice if you had been in the job less than 12 weeks. This of course is only valid if there was no contract of employment signed yet. If this is the case you have not technically done anything wrong and so are entitled to your full pay.

I think you can also make a written request to her for a copy of your P45, say that you are making the request under s.4 of the Data Protection Acts and if she refuses to comply you then have grounds for making a complaint to the Data Protection Commissioner. I'm not sure of the what legislation actually compels her to give you a P45, but see the Organisation of Working Time Act, 1997.

You should also look into to making complaints (if this is the course of action you want to take) to the Employment Appeals Tribunal or the Rights Commissioner Office of the Labour Relations Commission.

It is worth noting that neither she or any of your former employers have any legal obligation to supply you with a reference.

you should go to it will give you all the info you need about your employment rights.