Complaint against former emplyer

Strider590

bluetownbarry wrote: »

I still can't believe that people still give advice that employers can't give negative references! Of course they can, if of course as DMG says it is factually truthful & accurate.

Who's to say what's true and accurate?

Without proof in the form of records, timesheets, etc etc etc. It's nothing more than malicious gossip. In fact, I lost a job due to malicious gossip, so exactly how does anyone decide what's truthful?

I then went for a job within the same industry, I got the job but then suddenly the offer was removed..... Why? because the manager was friends with my old boss, WHO didn't know me, but based his opinions on what he'd heard from the company b*tch.

dismayed2

Fabio – have you tried contacting the ICO for advice? I seem to recall under the DPA you have the right to have corrected any personal data that is inaccurate.

If you ask nicely, your ex-employer’s HR might agree to put a “neutral reference” on file, ie confirmation of dates of your employment, particularly if there is no formal disciplinary on record. Explain as you say earlier, that your performance was rated "good" by the same manager and that you were not aware there was any problem ie you were not given the chance to address their concerns. Who knows, at the time you may have been suffering depression, stressed, going through problems at home, that they might not have known about, that may have contributed to a dip in your performance . If HR won’t agree to a neutral reference, ask about their policy on the retention of ex-employee records. Under the DPA they cannot hold onto it forever.

Could you temp and/or volunteer to gain two favourable references that you can use on future job applications? That way you could move this ex-employer down and off your reference list for future jobs you apply for.

Karma - to the person who wrote an unfavourable reference.

fabio11

Thanks for reply guys,
Few points

1- HR file is written by a guy (whom I used to call friend!) and only friendly thing he has done is to inform me (yesterday) that my manager had asked him to write anything and everything about me he come to know.

2-I am no way going to work with this employer agiain and dont need his reference as my other jobs record is very straight.

3- It is not that the no one will look at my file and I will be forgotten in 5-10 years time so I sould not care.

I CARE because
Due to snake like nature of my manager (who is going to stay in this company for at least 20 more years), they can bring formal charges against me any time in future if he saw I am succeeding well in other job. Apparently his sole motif is to make me miserable.
More importantly I dont want anything on my file which is not true as it is NOT TRUE.

The question now is should I go through HR to make my file clear (spending my time and energies) OR
Should I accuse my manager of his wrongdoing which I have always ignored (making it an open war)?

HR guys have (off the record) told me that no matter what company will stand by manager as he is in strong position and dont want company name maligned.

slightlyconfused1

Hi

I am confused by the term "formal charges" Are they alleging some criminal behaviour? Are they alleging professional misconduct that can be reported to a governing body?

As far as I am aware an employer cannot just sit on serious allegations and then report them formally to the police or a professional body years down the line and expect them to be taken seriously. However if this is the type of charges you are talking about I would certainly seek to take this further.

If you have left the company why do you think you will be important enough to them to continue to make your life miserable or that they have the means to do so?

Organisations archive personnel files of past employees and (presumably) eventually destroy them. If I were you I would contact them re factual inaccuracies in the reference and ask that they be noted. But I would not use them as a reference if I could avoid it, get a new job and get on with my life.

fabio11

Thanks for your reply.
Yes these seems to be fairly substantial allegations/accusations against me by some of my colleagues. I had also many complaint against others but never went formally/informally to be report them but they took every opportunity to do so.
I want to definitely take action but the point I want to ask is whether I should accuse wrongdoings of my colleagues ( so these stay on their files) but it means opening a war and dont know where the next fire will come from
OR just try to make my name clear (though dont kow how it will work and the outcome) and move on?

My company has informed me that they keep personal files for upto 5 years and destroy them but some information about emeplyees they keep indefinitely (though did not tell me what they keep indefinitely).

My manager has personal vendetta against me and has enough contacts/means to crush me again with few phone calls.
I have seen many times companies bringing charges against former employees (most recent one is of former apprentice star who is chraged now in 2011 for his job done back in 2004) or many doctors reported for their wrongdoings decades ago or scientists for fabricating data decades ago or brokers for insider tradings or artists for plaigarism.

So it is not that I should just move on, I have to make my name clear but the question is
Should I be just defensive?
OR
A good offence is best defence?

fabio11

I am coming to conclusion that meanwhile I am waiting for HR decisions I should file emplyment tribunal case.
Its not about wining but fighting as I dont have much to lose by formal complaint.