Reference for ex-employee

LittleVoice

DVardysShadow wrote: »

There is this myth going around that a former employer is 'not allowed to give a bad reference'. The basis of this is that there is, I believe, a legal requirement to provide a minimal reference confirming dates of employment.

There is no legal requirement to provide even this minimal amount of data. There are exceptions for some regulated professions but not for most employment.

dmg24

DVardysShadow wrote: »

There is this myth going around that a former employer is 'not allowed to give a bad reference'. The basis of this is that there is, I believe, a legal requirement to provide a minimal reference confirming dates of employment.

It is a myth perpetuated by a lay misunderstanding of case law. However, it would be silly for an ex employer to write something bad which could be open to question. Your suggestion is a prime example of something that could be challenged.

DVardysShadow wrote: »

Go in slightly harder!

Dear <reference seeker>

I acknowledge your request for a reference on <former employee> and I am rather surprised that she should offer my name as a referee. <former employee> worked here from <start date> giving notice on <notice date> of leaving on <finish date>. Beyond this information I have nothing to say in favour of <former employee>'s application for employment with yourselves.

Yours sincerely

<referee>

This implies that the former employee had absolutely no positive qualities. Based on the information given by the OP, this is not the case.

The law on defamation does not require outright falsehoods. It is sufficient for the author to say something that will lead the reader to draw a certain impression. Therefore it is much better to give a straight refusal, rather than making implications such as the above.

I would also agree with LittleVoice, with the exception of a few professions, there is no obligation to give any kind of information.

Zazen999

I'd look at what the reference is asking for. If it is just dates and a wage then give the facts, including the notice period given.

If it is more, then I'd consider telling the truth; which includes good things as well as bad.

Or just send it back with the middle sentence of D Vardy's letter and leave it at that.

BASSETT

Thanks for all replies,

Premier, I`m confused as to why to her family and neighbours have stopped shopping at my business for the first time in 4 years since I`ve been there, and this concerns me as it coincides with her leaving and I suspect she`s been making up stories. I employed her as she worked there before, for the previous owner, and she actually asked to come back. Her departures from prev employment came to light once she was employed during conversations etc. As for the badmouthing, I actually overheard her.

The reference request states that she will not be employed without a favourable reference, I certainly don`t want to be responsible for that!!

She left my business, she ripped me up for toilet paper, so why doesn`t she just !!!!!! off? What is it with people? :mad:

BASSETT

Zazen999 wrote: »

I'd look at what the reference is asking for. If it is just dates and a wage then give the facts, including the notice period given.QUOTE]

It asks for absences (quite a few) timekeeping (ok) conduct (ok) notice given (24hrs) and a box for `would you employ this person again` (no)

DVardysShadow

dmg24 wrote: »

...

The law on defamation does not require outright falsehoods. It is sufficient for the author to say something that will lead the reader to draw a certain impression. Therefore it is much better to give a straight refusal, rather than making implications such as the above.

There is nothing misleading about the impression which is left. In sentence 1, you are 'allowed' to say you are surprised. In sentence 3, you are also 'allowed' to say that you have nothing further to say in favour.

Remember that a reference is a privileged communication, where more can be said as long as it is not false.

Googlewhacker

BASSETT wrote: »

Thanks for all replies,

Premier, I`m confused as to why to her family and neighbours have stopped shopping at my business for the first time in 4 years since I`ve been there, and this concerns me as it coincides with her leaving and I suspect she`s been making up stories. I employed her as she worked there before, for the previous owner, and she actually asked to come back. Her departures from prev employment came to light once she was employed during conversations etc. As for the badmouthing, I actually overheard her.

The reference request states that she will not be employed without a favourable reference, I certainly don`t want to be responsible for that!!

She left my business, she ripped me up for toilet paper, so why doesn`t she just !!!!!! off? What is it with people? :mad:

Then decline to give a referance, if I asked a business about a potential employee and the business refused then I would not hire the employee, similarly if the employee did not ask their last employer for a referance I would have major reservations about hiring that employee

Judas

DVardysShadow wrote: »

Go in slightly harder!

Dear <reference seeker>

I acknowledge your request for a reference on <former employee> and I am rather surprised that she should offer my name as a referee. <former employee> worked here from <start date> giving notice on <notice date> of leaving on <finish date>. Beyond this information I have nothing to say in favour of <former employee>'s application for employment with yourselves.

Yours sincerely

<referee>

If you wish you can also point out the breach of contract; continual shift changes and finishing early and short notice leave.

Basically anything that is true.

That said this may be in their favour if they can convince them your just bitter.

Simply stating they worked for you from ____ to ______ and left without giving appropiate notice and that you are unable to provide any further reference is probably the best bet.

This will surely put the new employer off.

BASSETT

Thanks to everyone for their replies, I`m going to reply with the bare minimum, i.e notice given, absences, and how I would not employ her again. Should surely speak volumes.
I believe in Karma anyway.........:)

Googlewhacker

BASSETT wrote: »

Thanks to everyone for their replies, I`m going to reply with the bare minimum, i.e notice given, absences, and how I would not employ her again. Should surely speak volumes.
I believe in Karma anyway.........:)

If you can put that then that would be great, not sure I would want to risk it personally