Is it legal

Googlewhacker

Uncertain wrote: »

Oh for heaven's sake!

This forum is being totally ruined by ignorant posts like this from people who clearly haven't got a clue!

For the X thousandth time, you can say anything you like in a reference PROVIDING IT IS TRUE AND NOT DELIBERATELY MISLEADING.

:mad::mad::mad::mad:

And breaaaaathhhh!!!!!!!!!!!!!

DVardysShadow

Uncertain wrote: »

Oh for heaven's sake!

This forum is being totally ruined by ignorant posts like this from people who clearly haven't got a clue!

For the X thousandth time, you can say anything you like in a reference PROVIDING IT IS TRUE AND NOT DELIBERATELY MISLEADING.

:mad::mad::mad::mad:

That's harsh. You know you should go easy on people who write 'advise' when they mean 'advice'.

Annisele

Even if it was illegal to give a "bad reference" (which it isn't), you'd have a devillishly expensive job to do anything about it.

Whether it's worth the OP taking any kind of action depends on things like: what exactly is the ex-employer saying? Does the ex-employer have a reasonable basis for believing what he is saying (whether or not it is true)? Are the ex-employer's actions actually causing the employee any loss (eg is the new employer laughing it off, or has he sacked the OP)? Can the OP prove that anything has been said at all?

fred7777

It is legal

You are allowed to give a bad reference. However anyone giving a reference has a duty of care to the person they are giving a reference for so that reference must not be inaccurate.

You are also allowed to phone a new employer and say bad things about their employees. This could be covered by laws on slander though but "fair comment" is a tried and tested defense for slander and libel.

In either case it would be very difficult to prove anything so best thing to do is to show your new employer how good you are.

Uncertain

DVardysShadow wrote: »

That's harsh. You know you should go easy on people who write 'advise' when they mean 'advice'.

Ah, you mean the doubly ignorant! :rotfl:

Strider590

Uncertain wrote: »

Oh for heaven's sake!

This forum is being totally ruined by ignorant posts like this from people who clearly haven't got a clue!

For the X thousandth time, you can say anything you like in a reference PROVIDING IT IS TRUE AND NOT DELIBERATELY MISLEADING.

:mad::mad::mad::mad:

But you need reasonable proof if you do decide to blacken someone's name.... I was fired from my job years back because the MD didn't like me.... They made up a load of nonsense about me, in order to do so. But why didn't he like me? gossip and slander from another member (being the operative word) of staff.
The law is their to protect people who have been in similar situations, there are also MANY MANY employer's who would give a bad reference JUST because they're offended by staff leaving!

Uncertain

Strider590 wrote: »

But you need reasonable proof if you do decide to blacken someone's name....

You do indeed - in theory at least. But only IF (and that is a BIG IF) the employee can obtain any proof that this has happened and IF (an even BIGGER IF) the employee has the resources to do anything about it.

The comes the biggest IF of all. The employee would need to show that what was said was not simply an honestly held opinion (even if wrong).

Don't get me wrong, I sympathise but that is the hard reality of the situation.

StrongWork

SpendlessKaren wrote: »

I would seek legal advise. You are not allowed to give a bad reference. You can decide to not comment on a reference but nothing more. If he is slandering you then seek advise against him.

fabio11

Nothing is true but the old employer is bringing old charges against me which he never formally charged me for during my employment with him. It seems he feel offended by me leaving and dont want me towork for anyone and want me to feel the heat.
I have evidence to prove it but evidence not obtained in a legal way.

hcb42

is he bringing charges in court? seems a bit extreme.

If not, I would try and ignore it. People move on, he will get over it.