breach of compromise agreement by employer.

SarEl

Milkshock wrote: »

im damn near certain who it is.[/QUOTE]

Not evidence! I'm damned near certain that the moon is made of brie.

pelirocco

Milkshock wrote: »

yes he did leave.

but what im saying is im sure it was someone currently in the company masquerading as the ex-employee. in fact im damn near certain who it is. which is why i wouldnt mind someone phoning up this manager and asking him about me.

i think you may be a little confused as to whats gonig on - tell me what you think has happened with this email and i will tell you if you have the facts straight or not.

I think we are all confused !!

It doesnt appear you have your facts straight so I hold out no hope that you could put me right

Milkshock

SarEl wrote: »

Circles again. No. It wasn't a breach. Because the wording at that time (if we are to beleieve anything you say because it changes with the wind) didn't retsrict them to not disclosing anything else. Horses and barn doors? And you still don't get it - you were asked a direct question by the potential new employer and you lied. That was the cause of the withdrawal of an offer, not what the employer disclosed (and which there was at that time no reason for them to not disclose), and the employer only confirmed what they already knew.

i hear what you saying, and its also close to advice i have received, which is why im not going to sue them - this time.

but tell me if this happened again with the addendum in place

and a) i didnt lie but responded truthfully to all questioning. in mitigation my lie was more to do with confusion about the situation i was put under than an attempt to obfuscate.


and b) the ex-employer told all as they did before

would i have a strong case in law? and would you recommend i pursue it?

CapJ

Milkshock wrote: »

apart from my immediate family and my union rep. and obviously everyone in HR in the organisation no one knows.
.

And everyone who is reading this forum.

Milkshock

pelirocco wrote: »

I think we are all confused !!

It doesnt appear you have your facts straight so I hold out no hope that you could put me right

ok i apply for job

employer offers me job
employer requests references from old employer
old employer sends refs accross
refs are accepted
start date given and conctract issued
i sign contract and return to new empployer.
a few days before due to start im contacted to say they have an e-mail from a 3rd party unknown to them but known to me as an ex-employee of the former organisation which has made claims about me THAT HE COULD NOT HAVE KNOWN ABOUT SINCE HE HAD LEFT WELL IN ADVANCE
OF ME LEAVING AND IN ADVANCE OF ANY DISCIPLINARY/CA. LOGICALLY IT CANNOT HAVE BEEN THAT EX-EMPLOYEE! HOW WOULD HE KNOW I WAS APPLYING ANYWAY OR WHERE I HAD APPLIED TO!

I go into a meeting where i give answers to direct questions.
New employer then phones ex emplyer for further checks which confirms everything and calls my credibility into question based on answers I had given to them. My opinion ex employer has broken CA there as well due to disclosure, or at least broken the CA in spirit

New employer withdraws offer based on this information.

I then make a request under DPA to get tip-off e-mail which they duly provide me - with e-mail address blacked out.

Milkshock

CapJ wrote: »

And everyone who is reading this forum.

ive disclosed no names

Sambucus_Nigra

Milkshock.

Even if you didn't lie, and the ex employer does not deviate from the agreed wording; that in itself may be enough to tell the potential employer that you might or might not be a complete pain in the !!!!.

Because they cannot deviate, they cannot say 'he's fantastic' as well as not being able to say 'he's a complete nightmare'.

One of my ex colleagues when I was in management was a nightmare and I told my boss to get on the blower to his ex manager [his references all came back ok in the first place] - he did and he asked him over the phone what his opinion was of this new person; the guy said nothing and when my boss said 'would you employ him again' he just burst into laughter. He said I can't say anything but I will grunt in a positive or negative fashion if you ask me direct questions. He proceeded and got an awful lot of negative grunts. None of this was evidence-able and the guy was [thankfully] gone by the end of the day.

In business, there are ways and means - and the situation is that someone in or related to your ex employer is out to stop you getting a new role. You can whinge and whine about it; but there it is. If they are stupid enough to do it by email then next time, they will be more sly about it. This means that you must seriously be a pain in the !!!! in some way or other.

The only way you are going to move on is to hope that this person finds someone else to berate, or something else to do, or you remove this employer from your reference list; as you have now royally peed them off big style. You may have won the battle, but I suspect they will win the war.

Milkshock

Sambucus_Nigra wrote: »

Milkshock.

Even if you didn't lie, and the ex employer does not deviate from the agreed wording; that in itself may be enough to tell the potential employer that you might or might not be a complete pain in the !!!!.

Because they cannot deviate, they cannot say 'he's fantastic' as well as not being able to say 'he's a complete nightmare'.

One of my ex colleagues when I was in management was a nightmare and I told my boss to get on the blower to his ex manager [his references all came back ok in the first place] - he did and he asked him over the phone what his opinion was of this new person; the guy said nothing and when my boss said 'would you employ him again' he just burst into laughter. He said I can't say anything but I will grunt in a positive or negative fashion if you ask me direct questions. He proceeded and got an awful lot of negative grunts. None of this was evidence-able and the guy was [thankfully] gone by the end of the day.

In business, there are ways and means - and the situation is that someone in or related to your ex employer is out to stop you getting a new role. You can whinge and whine about it; but there it is. If they are stupid enough to do it by email then next time, they will be more sly about it. This means that you must seriously be a pain in the !!!! in some way or other.

The only way you are going to move on is to hope that this person finds someone else to berate, or something else to do, or you remove this employer from your reference list; as you have now royally peed them off big style. You may have won the battle, but I suspect they will win the war.

funnily enough they thought they were being sly as the e-mail encouraged the new employer to have 'an off the record conversation with HR'

personally i wouldnt chase people around in that manner unless they had taken something away from me or short changed me in some way.

after all why would you bother stitching up an idiot - surely they would do that to themselves without any assistance required? i must have stopped these people advancing in some way, thats all i can think of.

Sambucus_Nigra

Milkshock wrote: »

personally i wouldnt chase people around in that manner unless i had taken something away from them or short changed them in some way.

after all why would you bother stitching up an idiot - surely they would do that themselves? i must have stopped these people advancing in some way, thats all i can think of.

Well, I'm guessing that you must have done something to really get to them; so I wouldn't be surprised if job offers are rescinded mysteriously in future.

You may not be an idiot, they might think that you need a little help to be brought down a peg or two.

And can I point out that you have behaved badly, thrown drinks over people etc; so I can only guess someone is enjoying bringing you down in whatever way they can.

Sambucus_Nigra

Milkshock wrote: »

funnily enough they thought they were being sly as the e-mail encouraged the new employer to have 'an off the record conversation with HR'

Yes, next time they might just pick up the phone themselves and tell them direct.

However from their point of view; it worked didn't it?