Company giving bad reference to keep employee

BlackWizard

So a friend of mine is working for a company but has the opportunity to work part-time in a similar field of work in order to get some experience. It could really help her with her career and her current company. It's common practice in her line of work to have two jobs. She only works 2-3 days per week.

So she asked her manager for a reference and he said of course he'd love to give her one. But her managers manager found out and told him to write a bad reference and add in that she took a day off work because of a bad hand. He was told to do this because they are afraid she will leave them and are short of staff.

Her line of work involves a fair bit of physical activity and having a bad hand would go against her when applying for jobs. She hurt her hand while working and took a day off to get an xray and it came back clear. She was back in work the next day and it has been fine since.

So right now she is working in a pretty hostile environment where her bosses are trying to ruin her reputation and she is struggling to go into work each day.

Is there anything she can do here? Would talking to a solicitor help?

daheff

Can she ask somebody else to give her a reference and not her current employer?


If the company give an unwarranted unduly negative reference (and she can prove it), then she would have a case to bring the company to court over it.

seamus

BlackWizard wrote: »

Would talking to a solicitor help?

Yes. A solicitor's letter threatening them with a defamation action would likely soften their cough.

There are also data protection and privacy concerns. An employer would not be authorised to tell someone else that an employee took a single illness day unless that single day materially affected their ability to do the job long-term.

Insinuating that the employee had a long-term illness or physical disability would likely qualify as defamation if the role requires physical work. She should definitely speak to a solicitor.

Mrs OBumble

seamus wrote: »

There are also data protection and privacy concerns. ....

She should definitely speak to a solicitor.

I'm not quite sure that the first line is true: references are only given when with the employee's consent, so that probably negates those issues. A solicitor is needed to get a real opinion here, though.

In general, a referee is required to tell the truth. If she really did take a day off due to a hand issue, then the employer can say that as a fact. it should be self-evident to the person seeking the reference that if the employee is still working, the hand can't be that much of an issue.

One option if for her to look for a totally different job - and to tell potential employers the exact truth about why: the current employer doesn't have as much work as she wants, and is blocking her from getting a 2nd part time role. You might be surprised at how understanding some potential employers would be about issues like this, and so willing to take references from other sources (customers, colleagues, former employers, tutors, etc).

A solicitor's letter might soften their cough - or it my just make them more hostile towards her. How long has she been there? If less than 12 months, she can be let go for nothing. If less than 24 months, her position can be made redundant with no compensation (and any employer worth their salt can engineer a situation where this looks legal).

BlackWizard

I think she'll have to go see a solicitor. It's keeping her down in the dumps and she's at the point of quitting.

I believe she has been working with them for nearly 3 years. She has to hand up references when applying for the job so it's not like she gets a chance to explain. It's how applicants are processed in her industry so a single missing or bad referenced can harm her career.

Jim2007

Mrs OBumble wrote: »

A solicitor's letter might soften their cough - or it my just make them more hostile towards her. How long has she been there? If less than 12 months, she can be let go for nothing. If less than 24 months, her position can be made redundant with no compensation (and any employer worth their salt can engineer a situation where this looks legal).

That is why you don't go after the company, you go after the individual making the defamatory remarks - you go after them for loss of income etc... as a consequence of their statements. It can have a very sobering effect on people, especially if they feel it could cost them personally should anything happen to you

plys

Mrs OBumble wrote: »

A solicitor's letter might soften their cough - or it my just make them more hostile towards her.......

Mrs OBumble wrote: »

Her position can be made redundant with no compensation (and any employer worth their salt can engineer a situation where this looks legal).

This.

In my opinion, if she's contemplating getting solicitors involved, she's halfway out the door already. Once goodwill has been eroded, it's very difficult to get back.

OP, was the reference written or verbal? Do employers even give written references any more, ie beyond the 'statement of service'?

BizzyC

hold on, why are people worrying about goodwill with the employer when the employer is already showing bad faith by giving a false reference?

If there is any evidence to support the claim, then what the employer is doing is illegal, end of.

Irish_Elect_Eng

BizzyC wrote: »

hold on, why are people worrying about goodwill with the employer when the employer is already showing bad faith by giving a false reference?

If there is any evidence to support the claim, then what the employer is doing is illegal, end of.

Because, even if it is unfair, it will make the OPs life a lot easier if they have a reference from this employer in the long term.

BizzyC

Irish_Elect_Eng wrote: »

Because, even if it is unfair, it will make the OPs life a lot easier if they have a reference from this employer in the long term.

Again, missing the point that the employer is giving them a BAD reference....why is that seen as something worth protecting?

BlackWizard

It's was a written reference. I just feel like references that include something potentially negative should be factual. There was no mention of the injury being received through work, or the xray coming back okay and she was back in work the next day with no more sick days.

Tristram

Has she seen the reference?

Aka Ishur

I would approach the company that the reference was given to. If the job offer is dead ask them for a copy of the reference received. If it contains false information or even a negative opinion that cannot be backed up with documented evidence that is a very serious mistake by whoever wrote it exposing them and their company to a large lawsuit. If the company is reluctant to give you a copy of the reference you can get a copy via a data request for all information held by the company about you including the reference.

Chemical Byrne

The company have possibly breached data protection legislation by disclosing medical information without authorisation. She could possibly turn this to her advantage though and use it as leverage on them by threatening to report them to the data protection comissioner and taking a defamation action.