Job offer withdrawal due to unsatisfactory reference

[marvinmoomin75]

Hi there. I am hoping that someone can offer me some good advice on this, because I am at a loss to understand what has gone on today.

Basically, I was offered a fantastic new job and career, after 18 months out of full time employment, and this was subject to the normal pre-employment checks, including references.

I was shocked and staggered today after receiving a start date for my new job that the offer was withdrawn due to an unsatisfactory reference.

I immediately contacted my former employer, with whom I parted company on good terms, who denied providing anything negative.

However, on further investigation, it transpires that my ex-employer had ticked a box saying that he would not consider employing me if I ever re-applied for a job, and ticked me as "weak" on a couple of areas surrounding ability to work in a team and ability to work unsupervised.

This information is wholly inaccurate, as I have always been great in a team and the very nature of my previous work was such that I had to work independently an awful lot of the time.

I am totally at a loss as to why a job offer would be withdrawn on the back of two very spurious remarks that are not even true.

My other reference provided with the same questions, displayed my excellent team working skills and ability to be independent.

As you can understand, I am totally bewildered at the moment, and wonder if I have any legal case to find out what has happened and gone wrong?

I know I can request disclosure of my reference from my former employer, but I cannot for the life of me understand what has happened to cause him to basically end my career hopes.

If he is providing bad or unsatisfactory references over something that simply hasn't happened, how am I ever going to get a job again, because I had been at that place of work for 11 years with no issues, apart from one informal verbal chat with my line manager over a slight falling out with a colleague, although this was well over eight years ago.

Please can someone advise because I am at the end of my tether and don't understand or even know where to turn to next.

[renegadeimp]

The previous employer can give any reference they choose as long as it is wholly accurate and not slanderous etc. You may think you worked well in a team, but obviously the previous employer felt differently. You can go to your ex-employer and ask for clarification of why they stated what they did on the form, but there is nothing you can really do apart from chalk it up to a loss and hope for a good result next time.

 

It's sad and disheartening, but the majority of laws for things like this are biased in favour of employers.

[marvinmoomin75]

The previous employer can give any reference they choose as long as it is wholly accurate and not slanderous etc. You may think you worked well in a team, but obviously the previous employer felt differently. You can go to your ex-employer and ask for clarification of why they stated what they did on the form, but there is nothing you can really do apart from chalk it up to a loss and hope for a good result next time.

 

It's sad and disheartening, but the majority of laws for things like this are biased in favour of employers.

 

My point is, my current reference from my most recent employer is completely in contrast with this OPINION, and painted a glowing reference about my teamwork. I am renowned for it, and the reference was glowing in its praise for how well I work in a team.

My point is exactly that, it is wholly inaccurate, because I was part of a very well-drilled team and never had any issues arising from it whatsoever. There was never anything point out to this effect, and furthermore, we parted company on very good terms.

I still provide freelance work for him now, and he continues to use my services, and so it's just very odd and bizarre.

Surely there must need to be some evidence as to what he has written and why he's so determined to prevent me getting a new full-time job.

[renegadeimp]

Again, theres nothing you can do. The previous employer can give any reference they like as long as it is 100% truthful. The ONLY thing you can really do is request your employment record or the reasoning why you had a poor reference.

 

Whatever the outcome, you need to push the job you lost out of your mind and focus on why the ex employer did it. There is very little you can do about it, but you can ascertain the facts. You could even see if another manager in the company you worked for will write a reference for you if you feel the current one is giving false info.

[marvinmoomin75]

I am pretty clued up in slander law, and I am requesting a full copy of the reference, because I am adamant I have been slandered in some way. There is nothing to suggest that I was ever anything but reliable, loyal and courteous. I even turned down a couple of employment offers out of undying loyalty to my former employer, and only left due to redundancy. Even my ex-boss was surprised when I told him that my job offer had been withdrawn, because was adamant that he had not written anything negative that should have had an impact like this.

As I say, I still get on with him, and still provide work for him, so I am certainly not just going to lie down and let it wash over me. I had been through a six-month recruitment process for this job, and had got down to the last week before my due start date. There has to be something that can be done? I will still seek further advice, because my CURRENT employer has provided a fantastic reference.

[renegadeimp]

Ok. What you need to do first is get a copy of that reference, so you can see exactly where the faults lie. Don't rely on second hand info. Go to the employer that turned you down and get the copy.

[ims21]

Thread moved to the Employment forum

[marvinmoomin75]

I intend to do exactly that. I've spoken to the employer and the ex-employer. The ex-employer even said they were willing to email the new employer to clarify things....I am hoping that there has either been a misunderstanding or some information has been mis-interpreted, because surely for something so serious such as a job offer withdrawal after a previous offer, there must have been something quite critical in there which I need to know.

[Emmzzi]

I reject any candidate the previous employer would not reemploy. Does not matter what else is on the form or how glowing it is. if they wouldn't, why would I?

[renegadeimp]

I reject any candidate the previous employer would not reemploy. Does not matter what else is on the form or how glowing it is. if they wouldn't, why would I?

 

My thoughts exactly. It's a mandatory question that i ask other employers when hiring for my small-ish team.

[labrat]

ture but i know many large businesses the one i work at included tick that box for all leaving employees

[Emmzzi]

ture but i know many large businesses the one i work at included tick that box for all leaving employees

 

That would be exceptionally unusual; it basically guarantees only a tiny percentage ever getting work again.

 

OP, I can only suggest talking to former boss. He may have answered it thinking "I would not reemploy as I have no vacancies." Which is not really what the question means.

[ScarletPimpernel]

I am pretty clued up in slander law, and I am requesting a full copy of the reference, because I am adamant I have been slandered in some way.

 

As you're so clued up, I'm sure you know that slander is spoken, whilst something that is written is libel.

[labrat]

i know my busness did it to "discourige" people from leaving

 

it actually came around as a written notice when they changed the policy

[steampowered]

It sounds like there might have been a genuine misunderstanding. I would try to speak to the person responsible for making decisions at the prospective employer if you can - it is possible your former employer misunderstood the form and putting them in touch may rectify this.

 

If this was intentional, it is worth speaking to your former employer to find out why they acted as they did. You need to know whether they would act the same way on future applications. Unfortunately it is very difficult to challenge statements of opinion - if they said "he committed theft" that would be actionable because it is a statement of fact, but if they just say "he is a bad teamplayer" you could only challenge that if you can prove they had no reasonable basis on which they could hold that opinion which is difficult to prove.

[marvinmoomin75]

As you're so clued up, I'm sure you know that slander is spoken, whilst something that is written is libel.

 

Yes of course I am...but the "slander" may have occured because it was a spoken word as opposed to what was actually written.

Basically, it was tick boxes, and when contacted to discuss a certain area, there were comments made which are misleading. So that is slander!

[Emmzzi]

So, you got a spare £10k to pursue a slander claim?

 

Don't wave the words around if you don't have the wherewithal to use them.

[assisted blonde]

As you will be aware a defamation case against an ex employer is very hard to win, ticking a box to say they wouldnt re employ you is not defamation if its true (eg a company could have a policy of not re employing people, or they may just not like you) if they think you were weak in a couple of areas they do , yes they have to prove it but its not that hard to show for an employer.I relly thin that in the long term any action for defamation could be expensive and will not benefit you regarding future employment prospects. However if you feel you have a case I would suggest speaking to a specilist solicitor before you take any action, an initial meating wont cost much and may in fact save you a lot of money.