Issue with Previous Employer

brassringclub

Hey guys,

Not entirely sure this post is allowed here but however,

I am having an issue with a previous employer. The employment ended by mutual consent but on poor terms. I recently was offered a new job elsewhere, I accepted. Before I had signed my contract, my previous employer found out I had been offered a position, called my new employer, and told them quite a few lies about me (I can prove that the statements are false), my job offer has since been rescinded, which I have come to terms with. This isn't the first time my previous employer has stated falsities about me. Is there anything I can do here?

Thanks,

ABajaninCork

AFAIK, the ex-employer can give you a reference. But what he says in the reference must be true. He can also refuse to give you one without a reason.

I'd get in touch with NERA. They might put a stop to his gallop.

brassringclub

Thanks for that. I will get in touch with NERA. Does that border on slander/defamation of character etc? Do I possibly need to get a solicitor involved?

I also thought that a reference was requested by a new employer? My previous employer went out of his way to find out my new employer, and get in contact.

MarkAnthony

Go straight to a solicitor, do not pass NERA, do collect £200.

brassringclub

Hey,

Thanks Mark. is there any particular reason I should bypass NERA? What kind of case am I dealing with here?

MarkAnthony

brassringclub wrote: »

Hey,

Thanks Mark. is there any particular reason I should bypass NERA? What kind of case am I dealing with here?

Defamation, see a solicitor straight away; many will give the initial consultation free of charge. I make no comment as to the veracity of your case, a solicitor will advise. For anyone else reading the thread any mutual agreement to leave employment should always be made with the benefit of a solicitor.

NERA will inform you of your rights which are that an employer is perfectly entitled to give a poor reference. What the stance is on this being unsolicited is interesting but probably not dealt with.

brassringclub

Thanks Mark, really appreciate it.

brassringclub

And just out of interest, is it he himself the issue is with, or the company?

MarkAnthony

brassringclub wrote: »

And just out of interest, is it he himself the issue is with, or the company?

The solicitor will advise, if both are liable there are a myriad of issues that might decide who one pursues. That's predicated on the matter getting to court, who decides to settle in these matters may be different, hypothetically speaking.

These are the musing of a final year law student whose study regime has largely involved looking at the 'hot chicks' in his class and using law books to ensure the distance the pint glass had to travel was minimised. Your time would be better spent ringing solicitors.

brassringclub

Oh no, I understand completely, I just wanted some informal advice as I really wasn't sure if there was any semblance of a case to answer at all. Much appreciated, again.

MarkAnthony

Oh an tittering at the Free Movement of Goods cases in EU law (Conegate - LOL).

ABajaninCork

MarkAnthony wrote: »

Defamation, see a solicitor straight away; many will give the initial consultation free of charge. I make no comment as to the veracity of your case, a solicitor will advise. For anyone else reading the thread any mutual agreement to leave employment should always be made with the benefit of a solicitor.

NERA will inform you of your rights which are that an employer is perfectly entitled to give a poor reference. What the stance is on this being unsolicited is interesting but probably not dealt with.

The employer can give a poor reference. But it must be true what it says. That's why I suggested the OP contact NERA to find out how best to proceed. It'll probably take a solicitor's letter to soften his cough, if the OP can provide proof (and he says he can) that the allegations are false.

MarkAnthony

brassringclub wrote: »

Oh no, I understand completely, I just wanted some informal advice as I really wasn't sure if there was any semblance of a case to answer at all. Much appreciated, again.

No one knows without all the facts and time to consider.

Defamation cases have been won with less and lost with a lot more. Even assuming the facts are exactly how you state them, you'll need to consider how you'll prove anything, again a solicitor will advise but if you've been given anything in writing in relation to the offer being withdrawn it goes without saying - keep it somewhere safe.

MarkAnthony

ABajaninCork wrote: »

The employer can give a poor reference. But it must be true what it says. That's why I suggested the OP contact NERA to find out how best to proceed. It'll probably take a solicitor's letter to soften his cough, if the OP can provide proof (and he says he can) that the allegations are false.

Sorry it wasn't my intention to cut across your advice, seek advice from as many sources as possible, of course.

I'd be approaching it from a damage done point of view whereas you seem to be approaching it from a prevention from happening in the future at minimal cost - both valid approaches I think. That said seek professional (NERA/Solicitor) advice.

Pat Mustard

brassringclub wrote: »

And just out of interest, is it he himself the issue is with, or the company?

Mod:

This is a request for legal advice. That's not allowed on boards.ie, so please try to be more careful in that regard.