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Former employer tried to get me fire with unofficial negative negative reference

  • 21-01-2018 1:02am
    #1
    Registered Users, Registered Users 2 Posts: 6


    I'd be very grateful if someone with experience in these kinds of workplace complaints could give me some legal advice or general guidance/ opinion on what might be a wise/unwise way to approach it.

    I did a job bridge in a small organization in Dublin. I was overqualified for the role to be honest but since I was changing careers I desperately needed experience. They were delighted to have me and I had great success on the projects I worked on there. My supervisor and the organization's MD gave me great references and told me repeatedly and consistently that they were very happy with my work and that external stakeholders were happy with my work for the organization.

    At the very end of my nine months there it became clear that I had offended the office manager, the office manager was not my supervisor and really only worked on admin stuff that didn't have much to do with my work. I made negative comments half-joking about Sinn Fein only to find out later that this office manager was related several SF party members and TD's. That same office manager would regularly go on about his contempt for FF, FG, Labour etc. so I had no idea that a jab at Sinn Fein would cause him to take a disliking to me.

    Close to the end of my jobbridge I had a major success with an external stakeholder, I had a good idea that the turned a project around and made it a success. A new intern (young pretty girl, very pushy assertive girl) sent out an email to the whole office which made it seem that the success was her doing. Shockingly, the office manager wrote back congratulating here and telling her that her idea had been hugely instrumental in turning the project around and that as the result of her work it was going to succeed etc. etc. I had been working on the project for 8months, the new girl for 3 weeks and this particular success was about an idea that was mine. It was all very strange.

    I contacted the managing director calmly complaining, also showing proof that the key idea had been mine (emails between myself and external stakeholder) etc. This was well received by the MD and he supported me. I was told that the new intern would not be allowed to act as media contact on this project as she had planned, and she wasn't, would not be allowed to write the press relase, and she wasn't, would not be allowed to organize associated events without input from me, and she wasn't. However, this resulted in friction and this friction ended up in the intern having an outburst in the office where she approached me screaming. It was very out of control, I was so shocked by it I don't even remember all that she said, I know she used the F-work, called me f***ing stupid and approached me with such aggression that it my newly hired supervisor to stand up and insert himself between her and me, out of fear that she would hit me. I left work that day thinking there were only two possible outcomes 1.) she quits 2.) they fire her. The line was crossed by so far that I didn't think any other outcome was possible. The office manager, defended her, I was told that she was very stressed and had not slept well, she has a baby etc. etc. I have panicked emails from her apologizing for her outburst and saying she regretted it. I think even she can't believe she got away with that.

    I should have pushed to have her fired, however I was actively applying for new jobs and I needed to be sure that my good reference wasn't going to be damaged.

    In the meantime the office manager that hates my guts joins forces with this crazy girl and they bully me as a tag team. The MD was still very pleasant but he has a good relationship with the office manager and didn't appear to want to get involved in this conflict.

    I feel very strongly that it was only tolerated because she was female and I was male. Had I approached her in a rage effing and blinding I doubt I would have kept my job.

    I decided to do nothing and subsequently interviewed for and landed a job in a bigger & better organization. I was chuffed. In the few weeks before I left the office manager started questioning me about my interview, it turns out his sister is a senior manager at the company. It's a large organization and I wasn't going to be in direct contact with this woman so I assumed this was no big deal.

    In discussions about the new job with the office manager, it became clear that he knew more about it than I did, for example he knew that new hires get contracts with an agency and the organization doesn't offer contracts until the end of the first year. I wasn't told that until the job offer was made but he knew beforehand. He also knew other information that he shouldn't have, for example that I interviewed for two roles in this company, I never told him that. So two plus two here is that he was discussing me with his sister and she was telling him confidential information.

    Next my start date was delayed for dubious reasons, for eight weeks. No explanation given. I after 8 weeks I insisted on speaking to a senior HR manager and I got a start date. The agency spoke to me on the phone and said they had no idea what was happening.

    On my first day I'm told the job I interviewed for has been filled and is gone. I'm given a less important job, which oddly required knowledge of German, I don't speak German, I had to have my work translated by colleagues. HR manager would speak to me as if she thought I was a serial killer.

    Next thing, the guy I had originally interviewed with comes back from extended leave, he tells me he's surprised to see me and that *HR told him I had refused to give a start date*. The whole time I was calling HR and being told they weren't ready for me HR was calling my manager and telling him I was uncooperative and refusing to give a start date. He seemed to think that HR simply confused me with someone else. Although, he said they had never in his experience made a mistake like that before.

    Fast-forward several months and I get transferred to the job I originally interviewed for. I finally get an apology from HR. Everything seems to be ok.

    I get chummy with a girl from HR, at a work party I ask her to tell me if I'm crazy in thinking something really odd happened when I got hired. She says she can't talk about it but that I'm not crazy. I ask if former office managers sister put in unofficial negative reference. She says genuinely doesn't know who said what but it was said that I had harassed a young girl in my former workplace and caused lots of conflict. She also said it was not put in writing.

    This happened before Christmas and I've been losing sleep over it ever since. It's taken me years to get into a position to get a job like this. I can't believe how close I came to be dismissed from the biggest job opportunity of my life with absolutely contemptible defamation like this.

    Please don't patronize me with platitudes about moving on and letting it go etc. The only reason why I didn't lose this job over this man's lies is because my contract was with a third-party agency. The agency had checked and approved my references and finalized my contract before the office manager had gotten the chance to defame me to the relevant people.

    Would there be any grounds to sue without written evidence?

    Would it be worth my while making a complaint with the workplace relations WRC procedure?


Comments

  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    In the words of George Washington:

    To persevere on one's duty and stay silent, is the best answer to calumny.


  • Registered Users, Registered Users 2 Posts: 31,220 ✭✭✭✭Lumen


    Suing a family member of a senior manager in your company seems like a very high risk strategy.


  • Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    First of all you have my sympathies. It is disgusting behaviour and unfortunately it is difficult to deal with but happens a lot, people who shouldn't be in the workplace at all conduct themselves like they are in a school yard.

    First of all, you should get legal advice, they will help you take steps to protect yourself if there are further issues in your current workplace, it doesn't necessarily mean you are taking legal action, but it will give you an idea of what kind of case you are dealing with.

    I would be inclined to day just document everything, go back and review regularly and see if you can make sense of it before exploring options. Review your current employers policies in regards confidentiality etc.

    You can also bring your defamation concerns to the previous company.


  • Closed Accounts Posts: 2,172 ✭✭✭FizzleSticks


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 6 chris_dub2


    Yes I should have specified that that's what I was thinking about doing. I was thinking about bringing a complaint to the former company not to the current company where I'm still gainfully employed and happy with my job.

    If I filed a complaint to the workplace Relations Committee would they want to contact my current employer? I don't want my current employer contacted about this however I very much do want to make a complaint against the office manager they gave me an unofficial defamatory reference.

    My end goal is not to necessarily win a lawsuit or even to get compensation I would just like to bring about possibly some disciplinary action against this man leave a mark on his employment record so that he doesn't just get away with this.

    If I file a complaint with WRC will they contact my current employer without getting my permission first?
    davindub wrote: »
    First of all you have my sympathies. It is disgusting behaviour and unfortunately it is difficult to deal with but happens a lot, people who shouldn't be in the workplace at all conduct themselves like they are in a school yard.

    First of all, you should get legal advice, they will help you take steps to protect yourself if there are further issues in your current workplace, it doesn't necessarily mean you are taking legal action, but it will give you an idea of what kind of case you are dealing with.

    I would be inclined to day just document everything, go back and review regularly and see if you can make sense of it before exploring options. Review your current employers policies in regards confidentiality etc.

    You can also bring your defamation concerns to the previous company.


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  • Registered Users, Registered Users 2 Posts: 31,220 ✭✭✭✭Lumen


    You're mixing up defamation and employment law.

    I understand that you're really pissed off about this, but if your primary motivation is revenge then it could end badly.

    What do you think he's going to do when you start trouble for him? Go right to his sister, who is more senior than your in your new company.


  • Closed Accounts Posts: 2,172 ✭✭✭FizzleSticks


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    The HR organisation at your current employer acted incredibly unprofessionally here. News of your interviews was shared externally, they acted on an unverified reference and they communicated incorrectly to your manager. That’s where I would be very clearly pointing the finger. It all depends how much, or even if, you want to rock the boat


  • Registered Users, Registered Users 2 Posts: 6,541 ✭✭✭Claw Hammer


    O/P your only hope is to get the old MD to give you a letter explaining that there was an issue with someone claiming credit for your work, but he is satisfied you did the work. Get that letter put on the personnel file in your new company with an explanation that the issue led to some interpersonal conflict. That should help kill the rumours.The whole thing will die down naturally anyway over time. Once it is seen that you are good at your job nobody will care about a row at another company


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    That agressive young one sounds like she will burn her own bridges on her own.

    Do your job well. Let people judge you on your work


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  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    It's basically impossible to make a complaint about your old office manager without getting your current employer involved.


  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    chris_dub2 wrote: »
    however I very much do want to make a complaint against the office manager they gave me an unofficial defamatory reference.

    My end goal is not to necessarily win a lawsuit or even to get compensation I would just like to bring about possibly some disciplinary action against this man leave a mark on his employment record so that he doesn't just get away with this.

    If I file a complaint with WRC will they contact my current employer without getting my permission first?

    Can you prove any of this, OP? Because without some proof, I cannot see you succeeding in anything.

    And I don't see how any proof could be forthcoming without reference to your current employer. Even then, because it's an unofficial, I doubt that your current employer would back you up.




    I would strongly suggest looking for another job. And in future, don't mention politics or religion in the workplace. No matter what your colleagues say, they don't need to know your opinions on either.


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