Unofficial references?

SallyBRFC

Does anyone know what the score is with a previous employer giving "off the record" or unofficial references?

I left an employer last year after a new boss came in and promised the earth and didn't deliver - see my previous posts, i was talked out of a job elsewhere with the promise of a payrise and promotion that never materialised.

Since then have been for a couple of job interviews where they've known the person who did this to me, and have approached him directly for references (I've not put him down as a reference as I don't want one from him), yet he's still giving them out. I have been unsuccessful for two jobs where I know they've spoken to the former boss.

I went for an interview yesterday and was told that they'd spoken to my previous employer and that they had said I was problematic and not a good worker! this has probably done me out of this job too - where do I stand legally? I've not asked him to be a reference or listed him, but he's being approached directly for it?

It's not on that he should be able to effect my future applications especially when I've not asked for any reference from him, so how can I get it to stop?

paulineb_2

Id be contacting the company you used to work for officially and asking for this to stop and also asking to see the references hes given so you can challenge them.

SallyBRFC

They've been done verbally as far as I know; just don't know how I can prove it.

scooby088

Simple answer is don't put him as reference maybe HR or someone else within the company.

paddedjohn

As long as what is being said is factual and true then you have no recourse except to leave this job out of your employment history.

SallyBRFC

scooby088 wrote: »

Simple answer is don't put him as reference maybe HR or someone else within the company.

I havent put anyone who still works there as a reference

WestonDave

Very little you can do other than leave that employer off your work record. If someone applies for a job with me having worked for someone I know, I'm going to have a chat to my contact about them whether or not they are an official referee.

malcumms7898

Try applying for a job where the new bosses are not likely to personally know your old one? If you worked there for a long time you can't really just omit it from your CV.

InsideInsurance

SallyBRFC wrote: »

Does anyone know what the score is with a previous employer giving "off the record" or unofficial references?

<snip>

where do I stand legally? I've not asked him to be a reference or listed him, but he's being approached directly for it?

It's not on that he should be able to effect my future applications especially when I've not asked for any reference from him, so how can I get it to stop?

You cannot get it to stop really.

There isnt such thing as an "official" reference, you can list your preferred references but then anyone is going to realise you will only list those that are going to give a glowing report and so the companies you dont list are really much more interesting.

The only ways to definitely stop them is to not put that company on your CV but then you're presumably going to have a hole on your CV which you will potentially have to lie about.

You can ask them not to reference them but that doesnt actually prohibit them from doing so and certainly some employers/ hiring managers will look dimly on those that couldnt get on with a former manager.

Whilst you cannot stop them you could take followup action against your former employer if you can proof either (a) breach of data protection act or (b) liable/ slander. Obviously the challenge is that with nothing in writing and presumably no call recording you have no way of actually proving what was said to be able to claim either of these things against your former employer. You could send a cease and desist letter but are unlikely to be able to follow through with any of the threats so may well just inflame the situation further.