employment laws

[playwiththewind1st]

As far as I'm aware, there's no legal aid for employment law matters.

[Milltown Row2]

As far as I'm aware, there's no legal aid for employment law matters.

Right, he'll be chuffed even more


Thanks for the info pwwf see you Monday?

[Cold tea]

So, they gave him the job and then decided to look at his references??

Then they decided they didn't want him? WTF?

The new company are the cnuts, not the old one.

That's the way most employment works, the onus is on you as an employee to give appropriate references, most companies will offer a job subject to references / right to work / security checks etc, if you accept and some of these don't pander out the company is well within it's rights to terminate the employment.  If his reference has failed him the old company are the cnuts, if they had nothing good to say they shouldn't have said anything, sounds very spiteful to fill in poor attendance, I suspect it wasn't as rosy in the old company as made out.

[Puckoon]

We will only answer specific questions during a referral. No embelishment or offering of extra information, even if prompted. Wide open for defamation law suit here (I recognize that its 'merica where you can get sued for wearing Brut probably) - even if it is tightly documented. If it isn't documented and someone just said all this stuff I'd be looking for restituation from company A.

I'd feel like a tit however. Bottom line - burning bridges and f**king around in the work place is a bad bad bad idea. There's always someone keeping a note of it, even mentally.

[Milltown Row2]

We will only answer specific questions during a referral. No embelishment or offering of extra information, even if prompted. Wide open for defamation law suit here (I recognize that its 'merica where you can get sued for wearing Brut probably) - even if it is tightly documented. If it isn't documented and someone just said all this stuff I'd be looking for restituation from company A.

I'd feel like a tit however. Bottom line - burning bridges and f**king around in the work place is a bad bad bad idea. There's always someone keeping a note of it, even mentally.

Like I said in first post, his timekeeping could have been a lot better, but last year and a half he was solid.

[Corner Forward]

Was the reference actuate? That will be the question needs answered.

It was a tick box reference type thing, his boss has (with hindsight) regretted it but it's too late, even after phoning the company to explain that it was down to stupid things and would fill in another reference, the other company has taken the view of keeping with policy and not going take him. Couldn't make it up lol.

Would think the fact that his old boss rang to admit his reference wasn't accurate would further strengthen his case. New company well within their rights to withdraw the offer as most are subject to references which are the responsibility of the new employee to provide. Poor form by ur friend by not taking more care as to whom was providing the reference and what it may contain but sure hindsight is a wonderful thing!

[Milltown Row2]

Was the reference actuate? That will be the question needs answered.

It was a tick box reference type thing, his boss has (with hindsight) regretted it but it's too late, even after phoning the company to explain that it was down to stupid things and would fill in another reference, the other company has taken the view of keeping with policy and not going take him. Couldn't make it up lol.

Would think the fact that his old boss rang to admit his reference wasn't accurate would further strengthen his case. New company well within their rights to withdraw the offer as most are subject to references which are the responsibility of the new employee to provide. Poor form by ur friend by not taking more care as to whom was providing the reference and what it may contain but sure hindsight is a wonderful thing!

I think when a company is asking for references it could go to specific name or to the company. I'm not sure which he sent to. Hindsight would make us all richer I suppose

[Puckoon]

We will only answer specific questions during a referral. No embelishment or offering of extra information, even if prompted. Wide open for defamation law suit here (I recognize that its 'merica where you can get sued for wearing Brut probably) - even if it is tightly documented. If it isn't documented and someone just said all this stuff I'd be looking for restituation from company A.

I'd feel like a tit however. Bottom line - burning bridges and f**king around in the work place is a bad bad bad idea. There's always someone keeping a note of it, even mentally.

Like I said in first post, his timekeeping could have been a lot better, but last year and a half he was solid.

Not trying to be difficult -and I acknowledge what you said. Horse has bolted. Guy can try and close the gates as many different ways as possible. Small chance he can fix it now - but he's a lot better placed to be smarter and wiser moving forward. That seems to be the only silver lining I could imagine, but I may know nothing.

[Milltown Row2]

We will only answer specific questions during a referral. No embelishment or offering of extra information, even if prompted. Wide open for defamation law suit here (I recognize that its 'merica where you can get sued for wearing Brut probably) - even if it is tightly documented. If it isn't documented and someone just said all this stuff I'd be looking for restituation from company A.

I'd feel like a tit however. Bottom line - burning bridges and f**king around in the work place is a bad bad bad idea. There's always someone keeping a note of it, even mentally.

Like I said in first post, his timekeeping could have been a lot better, but last year and a half he was solid.

Not trying to be difficult -and I acknowledge what you said. Horse has bolted. Guy can try and close the gates as many different ways as possible. Small chance he can fix it now - but he's a lot better placed to be smarter and wiser moving forward. That seems to be the only silver lining I could imagine, but I may know nothing.

I know, it's a sobering day for him on Monday when he's no job to go to. A very costly tick or two on a reference. He'll be well wiser from this I'd say.

[supersarsfields]

Relatively. I wouldn't have thought that your mate will have the funds to go after him for defamation. What about a quiet word to see if old job is still "available"??

They have already interviewed someone else and he starts in 2 weeks lol, if he's unemployed surely he'll get legal aid then? Bit of a mess in fairness.

He could try an employment tribunal but I doubt he would get anyway with that. Offers pending references are standard procedure. Don't see anything untoward regarding the new company. As long as they informed him that the offer was pending references (Which I'm sure they did), then they are well within they're rights to withdraw the offer on receipt of a bad reference.
His old boss is a c**t tho. I just don't understand why you would do that especially if he had given a solid 3 years withn no messing.

[Keyser soze]

Quite a lot of reference forms would have questions such as:

'How many days over the past 2 years has the employee been Sick/AWOL/etc?'
'Has the employee received any disciplinary actions over the past 2 years? And if so for what?'

which require factual responses rather than opinions, precisely because there have been cases wwhere references were given which were opinion based and for which emploers were successfully sued. Generally employers are asked for these over a 2 year period which is possibly why your mate got nabbed.

There have also been cases were the new employer has successfully sued the old for giving an inaccurate reference to a person who turned out to be crap, obvviously the first company wanted to move them on.

[StephenC]

Why would you hand in your notice without having a signed contract from your new employer?

[Milltown Row2]

Quite a lot of reference forms would have questions such as:

'How many days over the past 2 years has the employee been Sick/AWOL/etc?'
'Has the employee received any disciplinary actions over the past 2 years? And if so for what?'

which require factual responses rather than opinions, precisely because there have been cases wwhere references were given which were opinion based and for which emploers were successfully sued. Generally employers are asked for these over a 2 year period which is possibly why your mate got nabbed.

There have also been cases were the new employer has successfully sued the old for giving an inaccurate reference to a person who turned out to be crap, obvviously the first company wanted to move them on.

Small firm with no records kept, he's received no warnings or lost any pay due to being off, these were either sick days or holidays all within the allocation. No appraisals done to. I think he should just go and see someone with more experience and see what they say. No harm in that.

I've never taken any sick days in the past 10 odd years, being married means ya go to work otherwise she'll give me something to do, best motivation ever

Why would you hand in your notice without having a signed contract from your new employer?

I know, hindsight is wonderful thing

[orangeman]

His old boss needs a good slap for pulling a cheap, dirty stroke.

[deiseach]

Taken at face value, I'm amazed at the way your friend has been snookered. I recall a man getting fired for bullying in the place I used to work. He had it coming to him after years of combustible behaviour, yet when talking to about it with a neighbour - I didn't give away any secrets, she had heard about it on the bush telegraph - she told me that companies need to be meticulous when it came to this kind of thing. You had to have accumulated three instances of it within six months. Anything older than that was scrubbed from your record. You would think that would apply in these circumstances. Can you really put down on a reference stuff that happened years ago and which you were never warned about? Shabby.