CV reference problem....

Miss Mimsy

Not sure where to begin with this but recently made it through to the final stages of a fairly gruelling interview process for a graduate programme and I have found out that the reason I did not get the position is that my previous supervisor basically blackballed me when asked about my work ethos....:mad: The previous position was a work placement position (unpaid) I sought out for myself and I worked really hard in that job and I thought I got on really well with everyone. My supervisor did not like my attitude though and by that I mean he basically thinks all graduates have their head up their a$$ and living in la la land with everything given to them easily but I worked as hard as everyone else. I know this sounds like an immature statement to make but it is the truth. When I worked there I just took his remarks with a smile and didn't say anything against his opinion. I worked as hard as everyone else and I need to put this work experience down to even get the opportunity of an interview. The reason I know this is why I did not get the job is that a colleague from the same company whom I worked with told me the supervisor was telling everyone at work during lunch that I had these fanciful notions about get the easy graduate job and the graduate programme I applied for gave me feedback stating a discrepency in one of my references. I know the other 2 are fine as they are lecturers from my undergraduate and Masters degree programmes.

I am not sure what to do about this as I need this work experience reference if I am to have a strong CV and the managing director of the company stated prior to my placement that the supervisor I got would be my point of contact....

Any advice is really appreciated.

hinault

Whether you were employed on a paid/unpaid basis is immaterial.

Second, your former employer is required by law to provide you with a reference and furthermore your former employer is required to provide a reference which is true, accurate and fair.
Your employer cannot deliberately blackball or badmouth you to another potential employer (s).

This link should help to explain the duty of care an employer has to an employee and former employee.

http://www.irishjobs.ie/ForumWW/WWIndividualArticle.aspx?ParentID=80&CID=132&ForumTypeID=1990

NickDrake

Sounds to me like a potential breach of his duty of care as an employer. This should be taken very seriously.

bbam

I'd say move on and take that reference off your CV..
There is nothing you can do about it..

I've given "less than glowing references" about folks in the past.. Sometimes it's just genuinely called for, employees rarely agree with it but that's no supprise.

Clauric

hinault wrote: »

Whether you were employed on a paid/unpaid basis is immaterial.

Second, your former employer is required by law to provide you with a reference and furthermore your former employer is required to provide a reference which is true, accurate and fair.
Your employer cannot deliberately blackball or badmouth you to another potential employer (s).

This link should help to explain the duty of care an employer has to an employee and former employee.

http://www.irishjobs.ie/ForumWW/WWIndividualArticle.aspx?ParentID=80&CID=132&ForumTypeID=1990

There is not duty, in law or otherwise for an employer/former employer to provide any form of reference.

However, if the employer does provide a reference, the reference must be factual and accurate. If it is not factual or accurate, and defames the person, about whom the reference is sought, in the eyes of a normal person, then it is actionable under the Defamation Act, 2009.

I suggest that you email your former employer, asking him specifically what he said about you in your reference. I would also contact the person who asked for your references, and ask them what your former employer said, and whether this reference affected your opportunity to get the job. If it did, and the prospective employer puts it in writing, it will provide a fairly strong case for defamation.

bbam

Clauric wrote: »

There is not duty, in law or otherwise for an employer/former employer to provide any form of reference.

However, if the employer does provide a reference, the reference must be factual and accurate. If it is not factual or accurate, and defames the person, about whom the reference is sought, in the eyes of a normal person, then it is actionable under the Defamation Act, 2009.

I suggest that you email your former employer, asking him specifically what he said about you in your reference. I would also contact the person who asked for your references, and ask them what your former employer said, and whether this reference affected your opportunity to get the job. If it did, and the prospective employer puts it in writing, it will provide a fairly strong case for defamation.

So are you saying that a reference can only be good ?? What would be the point...
As long as it can be backed up with facts I can't see a problem in telling the truth.

Clauric

What I am saying is that you can not say anything overtly bad about a former employee in a reference. For example, person X was constantly late for work, had a terrible work ethic, and stole everything that wasn't laid down. This might all be true, but you can't say it, even if you can back it up. However, saying that person X worked in place Y from A - B, and nothing more is a red flag. No need to explain what was wrong, but it says to a future employer that there were issues with the employee.

NickDrake

Clauric wrote: »

There is not duty, in law or otherwise for an employer/former employer to provide any form of reference.

However, if the employer does provide a reference, the reference must be factual and accurate. If it is not factual or accurate, and defames the person, about whom the reference is sought, in the eyes of a normal person, then it is actionable under the Defamation Act, 2009.

I suggest that you email your former employer, asking him specifically what he said about you in your reference. I would also contact the person who asked for your references, and ask them what your former employer said, and whether this reference affected your opportunity to get the job. If it did, and the prospective employer puts it in writing, it will provide a fairly strong case for defamation.

Not so sure there is NO law. Think you are wrong there. Will check it up tomo.

There is a common law duty as far as I know

Added: English case law has stated that an employee does owe a duty of care. No cases on it here though.

"The House of Lords held that an employer who gives a reference in respect of a former employee owed that employee a duty to take reasonable care in its preparation and would be liable to him in negligence if he failed to do so and the employee thereby suffered economic damage. Interestingly, the House of Lords did not draw a material distinction as to whether the plaintiff had been an employee of the Defendant or acting under a contract for services."
Spring v Guardian Assurance (2

An employers reference should be clear and free of any false statements.

Miss Mimsy

My work ethic was excellent during my time working there. I admit I did have to take two weeks off to complete certain aspects of my masters thesis but I had cleared that with the managing director prior to starting my work placement. I will admit that my supervisor and I didn't click personality wise as I found him to be crass at times about certain things. Otherwise our work relationship was good as I completed all my tasks on time and in an efficient manner.

To be quite frank about this, it has really upset me as I have been (like thousands of others) finding it quite hard to get a full time paying job and I did sacrifice my time and money (i.e. on petrol, lunches out of my own pocket) when working there. The Managing Director had agreed that it was the experience and a reference that I was working for! I had expected nothing more from my reference then I worked from month A - Month B on these projects.

I feel like I have wasted my time now and I am back to square one with only two strong (academic) references. I do have a few references from summer jobs I previously worked in but I feel these are to weak (experience wise).....

Should I take this reference off or try and work out the problem with my past supervisor?

bbam

Clauric wrote: »

What I am saying is that you can not say anything overtly bad about a former employee in a reference. For example, person X was constantly late for work, had a terrible work ethic, and stole everything that wasn't laid down. This might all be true, but you can't say it, even if you can back it up. However, saying that person X worked in place Y from A - B, and nothing more is a red flag. No need to explain what was wrong, but it says to a future employer that there were issues with the employee.

Well I've passed on negatives and indeed received them from other managers..
I know I wouldn't want a turkey and sure as hell feel no need to hide information from any future employer..

I suppose I can say it but not put it in writing... but if I hear it in a phone call then it's a big red X for that person..

Mrs OBumble

OP, you don't have to use the supervisor for your referee. Sure they were your main contact for the job itself, but that doesn't last forever.

Find someone else who knows about what you did and likes you (maybe even the MD!) and ask them to be your referee.

Frankly, a reference that says nothing more than ".. worked from A to B and did project X which involved Y and Z" isn't worth much. All it does is prove that you didn't lie on your CV, it doesn't tell a prospective employer anything about your attitude, work-qulity, etc - all the stuff they really want to know from a referee.

mitresize5

first and most importantly get that reference off your c.v.

Secondly replace it with a person you worked with in that company that you had a good working relationship with i.e. someone you delivered for. Could have been someone in a different department altogether. Make sure you clear it with them first mind you.

Your reference doesnt necessarily have to come from your supervisor.

bongi69

Clauric wrote: »

What I am saying is that you can not say anything overtly bad about a former employee in a reference. For example, person X was constantly late for work, had a terrible work ethic, and stole everything that wasn't laid down. This might all be true, but you can't say it, even if you can back it up. However, saying that person X worked in place Y from A - B, and nothing more is a red flag. No need to explain what was wrong, but it says to a future employer that there were issues with the employee.

There are companies who as standard will give that kind of reference.
I know someone who works in HR for a big employer, and all thats given if a reference is requested is when the employee worked there, and their position even if the employee was the best thing since sliced bread and was leaving of their own choice.

Some line managers in the company were allowing staff to give their contact details for references cirumventing HR, but that was quickly stopped.