Job Offer Withdrawn - Advice Needed ?

longpockets

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Hi,

I was let go from a company due to not meeting sales targets, which were quite hard given the current situation at the time. There were also other factors at force at the time as well. Anyway because i did not meet these sales targets i was then let go. I was actually then paid off (a 5 figure sum)and then signed an agreement like a confidentiality agreement. I.e so I would not disclose the payment to any of my colleagues. All signed by solicitor at the time as well. My solictor.

Now, having after looking hard around i have had a job offer made and then withdrawn. I have found out that this company who let me go has given me a bad reference.

What was said ? Well, that " the environment i had been working in was tough and that i was not able for it and also that I was'nt "hungry" enough ".
Obviously,this was not a positive statement to give any prospective employer.

Given, that the signed agreement was a sort of confidentiality agreement regarding my departure. Has this company the right to now give me a negative reference which is defaming my character i personally think and result in me having a job offer withdrawn.


I am now thinking either 1. to ring the company myself directly and demand answers as to why they gave me a negative reference or 2. Have a solictors letter sent highlighting the defamatory remark and mentioning our agreement and demandind compensation.

Interested to hear any view points and what my rights are .Oh, I am unemployed at the moment too.

Thanks.
 
Well first of there is no requirement to give people a good reference...

In offering them as a reference, you gave them permission to discuss your performance... Did you not check with them before giving them as a reference?
 
Well first of there is no requirement to give people a good reference...

In offering them as a reference, you gave them permission to discuss your performance... Did you not check with them before giving them as a reference?

Hi Jim,

Yes I take your point and i would have avoided giving them as a reference if i could but given that they are the last company I worked for it was only natural for them to request them as a reference.

No, i did not check with them as I was under the impression that you cannot give a bad reference. Also, the fact I had signed a confidentialy agreement regarding the terms of my departure as well prompted me not to do a check beforehand.
 

Hi Sue,

Thanks for the link. I have read it.

If giving bad references is not illegal how is a person to move on in his career if these bad references are the cause of not securing a job especially in this situation.

I think his remarks are also more personal rather than performace based.
 
Hi Jim,

Yes I take your point and i would have avoided giving them as a reference if i could but given that they are the last company I worked for it was only natural for them to request them as a reference.

No, i did not check with them as I was under the impression that you cannot give a bad reference. Also, the fact I had signed a confidentialy agreement regarding the terms of my departure as well prompted me not to do a check beforehand.

Well from what you have told us, the confidentiality agreement is not relevant to what we are discussing here, it just refers to the golden boot payment.

It is always a good idea to check with someone before you give them as a reference, that way you can brief them on who is going to call them and avoid the situation you find yourself in.

My suggestion for dealing with your situation, going forward is to get a letter from your former employer confirming your employment record - just the length of your employment period and your responsibilities, no more. And find someone who worked with you during that period that is willing to give you a personal reference. Then next time when asked for the reference, explain that the people you worked with have left the company, present them with the letter confirming your employment record and explain that Mrs. XYZ, whom you worked with will be happy to give you a reference.
 
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