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breach of compromise agreement by employer.

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Comments

  • Milkshock wrote: »
    but they wouldnt have known that I had lied had my ex employer said:

    NO COMMENT!!!!!! - as they (at a bare minimum!) should have done.

    morally wrong? maybe, but no one would be any the wiser.

    and certainly no doubts on my character in terms of honesty would have been raised

    Okay. I DO get your point. But I am telling you, as someone who interviews, that if I was your potential employer and this happened, and your previous employer said "no comment" to the bad comments, I would take that to mean they were true. Maybe that's just me? anyone else on the thread agree/disagree with this?!
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  • And obviously your previous employer is under no legal obligation to lie on your behalf, no matter what the CA says (the CA only applied to their original reference to you, which did not lie and did not say anything bad about you).
    DMP Mutual Support Thread member 244
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  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 9 December 2011 at 1:41PM

  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 9 December 2011 at 1:41PM

  • Uncertain
    Uncertain Posts: 3,901 Forumite
    if the reference is factually accurate, the employer must avoid creating an unfair impression of the employee concerned, for example by focussing on negative facts and omitting to include more positive facts about the employee[/I]."

    You can just as easily give an "unfair impression" by doing that.

    So, if somebody was basically terrible and you only mention the one thing they did reasonably well............
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 9 December 2011 at 1:42PM

  • Milkshock wrote: »
    ok but the whole withdrawal letter which i have not produced here centered mainly not on the incidents in question but on the fact that I lied to them.

    ... which unfortunately is true. You did lie. I feel sympathy for you, really I do, but your ex employer was not under any obligation to cover for your lies. They kept their part of the bargain and gave you a good reference.

    I know you are angry/disappointed and I understand that. The fly in your ointment was this person who stuck their nose in and caused you trouble, and you/your ex employers were put in an awful position because of them.

    I promise you, you will incur costs you just can't pay if you pursue your ex employers over this.

    Move on. Either job-hunt in a different area or industry. Learn from your past mistakes, treat people with respect and just be honest. Lies always catch up with people and like your prospective employer said - it's not what you did, it's the fact that you lied about that was the problem. Everyone makes mistakes but we learn from them and move on. Realise that what you did was wrong and vow to grow up and not behave like that again!! Pursuing this ridiculous claim is just compounding this mistake and keeping that "attitude" going. Take responsibility for what you did and move on. Honestly, you'll be much happier if you do.
    DMP Mutual Support Thread member 244
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    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • Uncertain wrote: »
    You can just as easily give an "unfair impression" by doing that.

    So, if somebody was basically terrible and you only mention the one thing they did reasonably well............

    Well, take it up with the huge city law firm Pinsent Masons then, as they are their words not mine...
    DMP Mutual Support Thread member 244
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  • Milkshock wrote: »
    you are getting it wrong again

    they (ex employer) have admitted the most they should be saying is 'no comment' at most on any request verbal or written.

    certainly their letter of assurance will confirm that is their interpretation.

    so yes they are bound to refer to nothing other than the reference text.

    any more than that is no comment at most.

    and that would certainly have avoided me being branded a liar

    "No comment" would have had the same result.

    And you were not "branded" a liar without due cause. You were caught out as BEING a liar.
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • "No comment" would have had the same result.

    And you were not "branded" a liar without due cause. You were caught out as BEING a liar.

    no comment would allow them to call me a liar?

    how?
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