Thursday, February 9, 2012

What information can your employer put in a reference?

I am currently about to change jobs, and it could get a little sticky. What information can an employer put in your reference. For example, can they list your reason for leaving (resigned/dismissed etc)? I have a clean disciplinary record, but am interested what can be included.What information can your employer put in a reference?The short answer is that they can put anything they like - this business of 'they can't say anything bad' is a folk myth. If you were a disaster and they gave a bland 'he/she was OK' type of reference, your former employer could be liable for misleading the recipient of the reference.



That said, the former employer must be able to substantiate any negative comments in a reference; it can't be a subjective rant (although fair comment is permissible)!



Often a potential employer will ask about the reason for leaving, current salary etc. Your former employer may decline to do anything but confirm the dates you worked, but otherwise would have to answer honestly - one reason why 'tricky' references are often done by telephone....What information can your employer put in a reference?
They cannot give you a bad reference, but they can decline to give a referenceWhat information can your employer put in a reference?Actually the above is a myth. They can give a bad reference if they can back it up with proof. The Data Protection act and Freedom of information act give the applicant the right to see any written references for him from past employers. If a bad reference is given and it was unfounded the applicant can sue their former employer.What information can your employer put in a reference?
Okay, with regard to the ongoing debate about whether they can say anything bad about you or not, they CAN say bad things as long as it is FACT, and not their opinion.



As an example, they can say that you were late every single day, if you were in fact late every day and this has been documented. They can certainly include any items on your disciplinary record and can say that you were dismissed (if you were).



They cannot say that you were lazy, for example, as this would be their opinion (unless you had received warnings for not doing your work).



However, most large companies will ONLY give your dates of employment and your job title, and sometimes your salary information, but this is their company policy and there are no laws that state that this is all they can give.



When your new employer requests a reference, typically they will have a very short form that they will fax or email to your old employer and ask them to fill out. All that they usually ask for is title and dates that you were employed. If you're going through an agency, their form might be a bit more detailed because an employer will hold them accountable if there are any problems with you.What information can your employer put in a reference?I don't know if you do or do not have a clean disciplinary record, but this answer is for anyone who wonders about references. If it doesn't apply to you today...it may someday in the future because it's a jungle out there:



Former employers can say anything they WANT to a golf buddy or colleague or acquaintance that they already knew at your new company on the TELEPHONE or IN PERSON, and they ALWAYS, ALWAYS, ALWAYS do...



The laws are unenforceable unless the reference is in WRITING. Most companies do the "official reference check," PLUS the "unofficial" reference check. They call their acquaintances at your old company.



Lawyers are the worst about this. This happens quite often in the legal field where attorneys mix and mingle, both at the courthouse, other attorney's conference rooms for depositions with court reporters, each other's offices for meetings with both their clients, by conference call, at mediations, at arbitrations, and socially both casually and at professional social functions. Attorneys are social with one another and then turn around and have a battle with their opponent in court, then have a game of golf together and laugh off the final outcome of the case. Lawyers are well versed in employment law basics regardless of what type(s) of law they personally practice and know all the ins and outs and ways to bend the law or avoid the law and detection of their illegal activities with regard to giving references or obtaining them on former employees. Attorney ex-employers are often vindictive, unfair, arrogant, wrongheaded, and show a lack of interest in the truth, if not a strong willingness to deceive your future employer out of spite (more than likely spite for something the former employee did that was righteous or didn't do that was unrighteous). One would think that those in the field of law would have more respect for honesty than other fields, but they can be the very worst offenders in today's decaying civilization because they use their legal KNOW-HOW to get away with breaking...the law. Instead of following the spirit of employee protection laws, they merely learn the laws in order to circumvent them with cunning. In fact, I dare say more lies, fabrications, butt-covering and vindictive evil behavior is going on today with regard to employee references than BEFORE laws were enacted supposedly protecting employees! The legal field is very small (in more ways than one).



But it's true that ANY company can engage in illegal conversations ...that aren't in writing. Don't fool yourself - THEY ALWAYS DO IT.



For some unsuspecting hardworking nice folks out there, this might explain the mystery behind:



* mutiple good job interviews with no actual offers

* long job hunts

* uncomfortable and perplexing interviewers and interviews that don't seem truly geared toward giving you an opportunity for the job but may be more geared toward collecting information for their buddy (your ex-boss)

* a strange new tendency to be put in for temp work that is undesireable or even totally unacceptable (such as being sent to impossible assignments for impossible bosses with impossible equipment and impossible working environments). Don't be fooled by the fact that your hyper-happy temp agency agents smile to your face and pretend to be working for you when they are ONLY WORKING FOR THEIR CLIENTS, THE EMPLOYERS. Often these folks are also social with the employers they send you to--how do you think they got the account? They networked. They know which are the GOOD temp assignments and they KNOW which are the BAD temp assignments. They will send you to the crappy ones as a favor to their buddy, your ex-boss.

* a tendency for permanent placement headhunters to totally ignore you until (interestingly) 24 hours AFTER you finally accepted a job offer (that you finally found on your own in the paper)



These are indicators that you are being blackballed, it's just not in WRITING.



Hey folks, it's the Jerry Springer Show...behind the scenes in corporate America--again, especially law firms. The truth, honesty, valor, class, character, humility, fairness: have long left the corporate scene. Nice folks that actually believe employers are following the law are always the last to find out.
LEGALLY all they have to put is the dates you worked there and the job title.What information can your employer put in a reference?
They can only put good stuff or refuse to answer, not allowed to put anything bad.
if they want to be neautral, just your job title and the dates you were thereWhat information can your employer put in a reference?
http://www.direct.gov.uk/en/Employment/E鈥?/a>
NOOOO, all they can say is, if they would hire you back or not... nothing else, except if you were a good employee.. they can say all they want about what a good employee you were, if you werent all they are allowed to say is that they would not hire you back.
Employers cannot mislead people. I think you will find that the employer will not want to say too much if there have been actual problems. They will not want to say anything negative about you in case you wish to take matters further. Employment Law Solicitors will readily assist you.



When asking for references some employers will ask why that person left the job so it would be best to be honest when applying for jobs.



When you are offered a job, most employers will state that the offer is subject to satisfactory references.
You can answer those unaskable questions by implication in the references. For example an off hand mention of being happily married might please a homophobic employer.



Or mentioning the political party you actively participate in as a volunteer has a 50-50 chance of pleasing a politically prejudiced boss.



50-50 is good odds, when applying to 100 potential employers!!!
Former employers can legally report anything that is true. It is a myth that they can't say anything bad, or can't give out more than start/term dates and rate of pay.



Former employers can absolutely list your reason for leaving. They can give their honest opinion of your performance.
Whenever I am contacted for a ref, if the employee was a great employee, I give a terrific reference, with details about their acomplishments within the organization. If they were not good, all I can say is dates of employment, title and whether or not they are eligible for rehire.
Legally they can do anything they want as long as they're not actively negative in their response. Of course that doesn't stop them from saying nasty things like: 'He was on time SOMETIMES, his standard of work was usually acceptable when he did it, somedays he even got on well with his colleagues' etc. and losing the job for you.



If you're in between jobs and need a reference from your last employer but you're worried that your previous employer will be vindictive and ruin it for you then contact someone else from your old work and ask if they will give you a reference.



I've done this before and it worked. At my old job, the MD publicly stated that it is company policy never to give references to ex-exmployees. They'd open the reference request and throw it straight in the bin. If an employer refuses to give a reference this practically tells your potential employer that there is nothing good to say about you and you lose the job. I'm sure they did this on purpose and I'm sure it was the cause for many of my colleagues having such a hard time getting out of that company even though they were all trying very hard to get out.



Not all employers stipulate that the reference has to be from your old BOSS. If you say that the reference is from your line manager and the person was technically your superior in some way then you're not even lying.



Alternatively, if your line manager is the problem, see if his boss or the MD will give you a reference. Choose who you want; because you usually can! Just let them know in advance. And if you've written that they were your 'line manager' then tell them that you've said so to avoid conflicting stories.



Also, write on your cover letter that you need to be told in advance before they contact your ex-employer and state: 'references available on request'. This will avoid your potential employer phoning your ex-employer and talking to the wrong person. A 'no comment' will surely wreck your chances.



Good luck!
employers increasingly only give scant details such as when you joined......basically confirming that you worked there......if the new employer asks more questions then the employer will answer them........and whilst they cannot give unfair references they seldom give glowing ones.
they can say how many days sickness you took in the past year or so..



they can say if they would reemploy you



they can not say anything bad about your character or work itself...

No comments:

Post a Comment