Potentially awkward reference situation. Advice?

[Deleted User]

This is a bit complicated, so bear with me.

I was on a final written warning for sickness levels at my previous job (all genuine and unavoidable). I'd also started to dislike the role. I'd applied for other roles internally but it seemed my sicknesses were holding me back. It quickly became clear my career wasn't going anywhere with them, so I began to look elsewhere.

I found a perfect job almost immediately (good timing, I guess) and applied, citing career ambitions as my reason for wanting to leave. Frustratingly, in the meantime, I fell ill again resulting in an automatic disciplinary hearing. Couldn't be helped but, due to the existing warning, they took the decision to dismiss me. Since I'd already gotten this better job, I didn't fight it and we agreed I wouldn't need to work my notice.

This is where it gets awkward. Knowing full-well that my previous employer would have to mention the disciplinary record, sickness levels and the dismissal, I gave them a personal reference instead (a colleague who was happy to vouch for the quality of my work, etc). The new employer has been somewhat impatient, though, and taken it upon themselves to write to the HR derpartment of my previous employer.

My other reference will be ok, no issues with that job at all. And I should also mention that the sicknesses were all due to an underlying condition that hadn't been diagnosed whilst I was at my previous job. My current employer knows all about the condition (due to have surgery in December) and, to date, I haven't actually had any days off.

So, now it looks as though they will receive a poor reference. Annnnd it will look strange when they see I was sacked after I'd already said I was leaving for career ambitions when I applied.

I'm at a loss what to do, since everything I told the new employer was true when they asked. And the new employer has gone around my reference to get their own. Can they even do this? Just go to my previous employer without my permission?

To reacp: old job going sour, found a perfect replacement, got sacked from old job after accepting the new job, gave a personal reference, new employer wrote to previous employer regardless, reference will likely reflect poorly on me. What can I do to ensure I get to keep the new job or what can I expect?

FBaby

to date, I haven't actually had any days off.

Does it mean that you actually started at the new job but final offer is dependent on reference? If so, how long have you been there?

If that is the case, I would ask to speak to your manager first thinkg on Monday and explain it all. The key thing is to show evidence that all the sickness absences are directly linked to the condition and that surgery will resolve it. Ironically, the fact that you haven't been ill so far could go against you, but assume that this is because of flairs up?

It's a tricky one as regular sickness absence is understandbly a real problem for employers, so you really need to consider whether you are willing to disclose things about your health that are personal for a chance to save your job.

In the end, honesty is the best way to go about it. What will go in your favour is that they got the chance to know you and build an opinion of whether they think you are a hard contientious worker or not, and that might take precedence over what is on paper.

Mini_Bear

As part of you working your notice you should have agreed to part on good terms ie no further disciplinary etc. it sounds like you have been honest with your current employer which is good.
I'm pretty sure that a previous employer is legally not able to provide a poor reference which could result in you not being able to get a job. I believe they typically omit info or refuse to give a reference.
Agreed with other poster. talk to your manager or HR on Monday and ask what they need from your previous employer.

notanewuser

Mini_Bear wrote: »

As part of you working your notice you should have agreed to part on good terms ie no further disciplinary etc. it sounds like you have been honest with your current employer which is good.
I'm pretty sure that a previous employer is legally not able to provide a poor reference which could result in you not being able to get a job. I believe they typically omit info or refuse to give a reference.
Agreed with other poster. talk to your manager or HR on Monday and ask what they need from your previous employer.

A referee can say anything they like in a reference as long as its true. While some will restrict references to the most basic information, many won't and some employers will send a questionnaire that specifically asks about sickness/disciplinaries etc.

Errata

Your prospective employer has smelt a rat and sought information from the last company that employed you. What that company tells your prospective employer is controlled by them; don't be surprised if your offer of employment from your prospective employer is withdrawn.

duchy

That is a huge assumption
Most companies will want a last employer reference so not sure where the smell a rat assumption comes from.

The old company may very well do a bland "XX was employed in the role of chief rat catcher from x date to x date" and that will be that. Lot of companies won't fill out those questionaires either and just send a pro-forma reply like the one above.

The fact the OP has already started and seems to be doing well and no-one sounds bothered about anything more than box ticking all bodes well. A bit stressful having to wait and see but personally I'd say nothing as telling them about problems with the previous company that they may never find out about might be rocking the boat needlessly especially if by the time anything does arise (if it ever does) they will have the measure of the OP and will judge on that far more than a form.

Some HR depts in surprisingly big companies are useless and it is startling just how often references aren't checked or followed up on.

Errata wrote: »

Your prospective employer has smelt a rat and sought information from the last company that employed you. What that company tells your prospective employer is controlled by them; don't be surprised if your offer of employment from your prospective employer is withdrawn.

Errata

That is a huge assumption
Most companies will want a last employer reference so not sure where the smell a rat assumption comes from.

The OP didn't give their very recent and last employer as a referee, but gave a private referee instead - hence the smelly rat.

[Deleted User]

Ironically, my team leader in the new job is the same guy who interviewed me in the previous company. We never worked together in the previous company, though, so he's been able to get an idea of me from scratch. I had a review last week and he's said that I'm definitely going to pass my probation (or at least he's already submitted his approval) unless I did something amazingly stupid.

The job offer did say it was dependent on two acceptable references. Both companies are large with, as a few have suggested, busy HR departments. I'm hoping it will just be a standardised letter confirming the dates of employment and my job title, etc.

I know the office is keen to keep hold of me. Just yesterday they thanked a handful of us personally for our hard work. And the quality of my work has impressed them. It may be the reference won't be an issue at all. I think I may just be panicking because I know what kinds of questions tend to be on those forms they send out

[Deleted User]

Errata wrote: »

The OP didn't give their very recent and last employer as a referee, but gave a private referee instead - hence the smelly rat.

I had the choice to do that, though. In this case, rather than wait for it, they've gone over my head to get their own.

Errata

KiSaro wrote: »

I had the choice to do that, though. In this case, rather than wait for it, they've gone over my head to get their own.

The company hasn't "gone over your head". It has simply followed it's own policy and procedures.

FBaby

I've been in the exact same situation. I was once sacked over an incident at a previous job (totally wrongfully i now realise and could really have taken them to court, but was young and naive at the time).

I stated a new job and gave one reference. About 2 months later, they asked for the details of the other one. I did and worried sick for weeks afterwards, but I never heard back about it. I suspect they never really wrote to them (it was abroad). In any case, 1 year later, I was given a promotion, so even if they did find out I was sacked, by the time they did, they must have been happy enough with my performance to not conclude anything from it. Good luck, it sounds like you've made your marks already and they will not want to lose you.