Reference - impossible to get!

angeleyes

I had an interview with 02 about 2 weeks ago and I was pleased enough with the interview which I thought went well. The position is in customer care.

I rang my last employer for a written reference last week, he told me it would be next week and still no sign of it. Just to explain, this man is a Solicitor and the most antal retentive man alive, a law unto himself it seems. The agency through whom I applied were asked to check my references, all my other referrees were fine and gave a good refrence for me however, when they rang my last Employer he wouldn't talk to them. He is very blunt - well actually ignorant. He doesnt speak to agencies it seems. I only found this out today so the girl in the agency led me to believe that she couldnt get in contact with him and only today told me that that he told her he doesnt talk to agencies!

I rang him today to ask yet again for a written reference and he said that he wouldnt be in a position to do it until Monday and I said that I really really needed it as I so wanted to get this job. No amount of pleading could get him to budge. I know in my heart and soul he wont do it on Monday either or any Monday. He cant be bothered. This is common practice with him - he never sticks to his word. He just doesnt care. I left in January for maternity leave. I didn't go back but gave my notice about 3 weeks ago. He said he wasn't expecting me back (surprising as I hadn't made up my mind if I would go back!) but he also told me he would send me my P45. No sign of that either.

Its so fustrating. I worked back so many times, without pay of course. I worked Saturdays anything asked to do I did it.

I can say good bye to that job in 02. It was evening work which would be fantastic for me with a baby which my dh and I were waiting 7 years for and had to undergo 4 IVF's to achieve.

If I go for other positions without a reference from him it looks bad even though I was always obliging, but have nothing to show for it.

What can I do about this situation? I am dealing with a very difficult man and without a reference I cannot progress into another position despite what other referees would say for me.

angel

jesus_thats_gre

angeleyes wrote:

I left in January for maternity leave. I didn't go back but gave my notice about 3 weeks ago. l

Wait there. You went on maternity leave in January and only handed in your notice 3 weeks ago? Did you get paid maternity leave for the majority of this 9/10 month period?

Wishbone Ash

angeleyes wrote:

What can I do about this situation? I am dealing with a very difficult man and without a reference I cannot progress into another position despite what other referees would say for me.

Sorry for your troubles angeleyes. Unfortunately there is no statutory entitlement to a reference in employment law in Ireland. While employers are not obliged to provide references (or act as a referees), most do so entirely at their own discretion. I know that this is not what you want to hear. You could explain the situation to your prospective employer/agency. I'm sure they will understand.

(If you wrote the reference yourself on his headed paper, is there any chance that this busy man may find time to sign/stamp it?)

angel eyes wrote:

he also told me he would send me my P45. No sign of that either

If you leave your employment your employer is legally obliged to give you a P45.

angeleyes wrote:

the most anal retentive man alive....a law unto himself ....No amount of pleading could get him to budge......He cant be bothered.....he never sticks to his word....He just doesnt care.....I am dealing with a very difficult man

Ah, so he sounds just like most other solicitors.

jesus_thats_gre

jesus_thats_gre wrote:

Wait there. You went on maternity leave in January and only handed in your notice 3 weeks ago? Did you get paid maternity leave for the majority of this 9/10 month period?

To qualify this slightly further, if the the above is the case, he may feel that you took him for a ride and this could be why he is not forthcoming with a reference.

Lenny

That statment stood out for me too, I know emploers have to give time off work for people having a baby.. and they get full pay do they?

jesus_thats_gre

Lenny wrote:

That statment stood out for me too, I know emploers have to give time off work for people having a baby.. and they get full pay do they?

Yeah full pay for 7 month or something.

Dampsquid

Originally Posted by Lenny
That statment stood out for me too, I know emploers have to give time off work for people having a baby.. and they get full pay do they?

Yeah full pay for 7 month or something.

At least think before you post...

Maternity pay is paid by the government, the employer can top that up, so you don't take a pay cut.

I think at the moment, it is paid for 5 months. You can then take an additional few months off without pay.

Chinafoot

Maternity info here:

If you become pregnant while in employment in Ireland, you are entitled to take maternity leave for a basic period of 22 weeks. At present, at least two weeks have to be taken before the end of the week of your baby's expected birth and at least four weeks after. You can decide how you would like to take the remaining 16 weeks. Generally, employees take two weeks before the birth and 20 weeks after. You can also avail of an additional 12 weeks unpaid maternity leave.

The entitlement to maternity leave from employment extends to all female employees in Ireland (including casual workers), regardless of how long you have been working for the organisation or the number of hours worked per week.

Payment during maternity leave is normally provided through Maternity Benefit, which is a Department of Social and Family Affairs payment. Some employment contracts allow for additional payment rights during the leave period, for example, that the employee will receive full pay, less the amount of Maternity Benefit payable.

Payment info here:

Maternity Benefit is a payment made to women in Ireland on maternity leave from work and who have paid a certain amount of PRSI (Pay Related Social Insurance). You need to apply for the payment 6 weeks before you intend to go on maternity leave (12 weeks if you are self-employed). The amount of money paid to you each week will depend on your earnings. If you are already on certain social welfare payments then you will receive half-rate Maternity Benefit.

Maternity Benefit is paid directly to you on a weekly basis into your bank or building society account. Some employers will continue to pay an employee, in full, while she is on maternity leave and require her to remit any social welfare payment to them. You should check your contract of employment to see what applies to you.

As for the reference issue, the previous suggestion of writing one yourself and getting him to sign it isn't a bad one. If his excuse for not providing you with a reference is that he's too busy he can hardly object if you do the work for him.

And yes he is legally obliged to send you your P45. Keep on at him about this until you get it as there's nothig worse than being stuck on emergency tax in a new job.

Wishbone Ash

Dampsquid wrote:

At least think before you post...

Maternity pay is paid by the government, the employer can top that up, so you don't take a pay cut.

I think at the moment, it is paid for 5 months. You can then take an additional few months off without pay.

It's 22 weeks at the moment (26 weeks from March next year). The mother can also avail of an additional 12 weeks unpaid maternity leave.

angeleyes

I took extra time off due to a problem with my inner ear so was in Disability benefit. My boss did not give me a top up on my salary.
It cost him nothing for me to be out. I worked up to the last possible minute which I shouldn't have done to help out as I knew the new secretary would find it hard to cope.

Its very hard to deal with someone as difficult as him and I really did expect to get a reference but I am not letting him away with it even though I did loose out on the other job. I still have to get my P45 which of course I probably wont get till Christmas. He has no interest in doing anything for anyone.

Angel

the_syco

He doesn't have to give you a refrence. He can't give you a bad refrence without proof, or he could get done for libale. But he can give you none if he so wish's.

As for the "gap" that will be in your CV, just explain it away with your pregnancy, and you may get away with not having a reference for that time.

As for the P45, ring the tax office, and ask for a new one, saying your old employer won't give it to you.

Gillo

Just a thought but, if he is a solicitor then he's a member or the law society. If you can prove you have been in contact with him for quite a while requesting your P45 (basically having a list of times and dates you called him) try complaining to the law society that one of their member's won't fulfil his statuary duties as an employer. Along with the P45 also mention that he keeps fobbing you off about a reference.

If they get on his case about the P45, he may well get his a$$ in gear.

Can't do any more harm to send off a letter to them.

eth0_

gillo wrote:

try complaining to the law society that one of their member's won't fulfil his statuary duties as an employer.

I don't think that's what the Law Society is there for...