Informal reference cost me amazing job offer

Rudess

I can't describe how gutted I was to get an email yesterday from a potential new employer, saying they retract the offer (after I signed contract and they signed too) , because they got some negative references.

The interesting thing is that I know for sure that these were not references which I gave them (my current manager at job, and my previous job's manager).

Upon asking who they spoke to, they were only willing to say 'people who work with you'. I have no problems with anyone at my company and I'm top performer (Sales). They decline to give me names despite me asking them several times

The only issue I can think of is that a year ago I got some warning from HR after my previous manager (Same role) stitched me up. This manager is no longer my manager but is still in the company & is a very nasty person. I'm assuming that the new employer either spoke to him directly or to another person who is his close friend.

Question: isn't it illegal for my previous manager to disclose HR information to another company employee and to a stranger?

I'm considering bringing a legal action against the person who badmouth me to the new employer, as I suffered now damages due to loss of potential job offer. Can someone point me to what the legislation is saying regarding such a scenario?

Also I'm considering making a grievance to my current company HR department, as I think it's illegal for my previous manager to share sensitive information with people who does not work with me.

I wouldn't thought I'll be in such a position and expected my references to go smoothly, and I know that usually in references the company will disclose how long you worked, what was your position etc. .

Any advise would be appreciated.

HappyMJ

It's not illegal as such.

You've got to prove everything and that's going to be difficult to do and you've only assumed at this point that someone gave you a bad reference.

The employer of the person you take legal action against will have insurance coverage to cover them so you might find you'll be fighting quite a battle to get compensation which won't be much.

You need more evidence.

Rudess

HappyMJ wrote: »

It's not illegal as such.

You've got to prove everything and that's going to be difficult to do and you've only assumed at this point that someone gave you a bad reference.

The employer of the person you take legal action against will have insurance coverage to cover them so you might find you'll be fighting quite a battle to get compensation which won't be much.

You need more evidence.

Thanks, I absolutely agree the proving would be difficult. However, since I know that there can be one person who had information on me, I know the source, although I have yet to have evidence whether the new employer spoke to him or to another colleague (the other colleague is the best friend of my previous manager, hence my suspicions my previous manager had gossiped with him about me at some point).

I'm not assuming that someone give me bad reference, it's a fact that the potential new employer confirmed by email. They said it has nothing to do with my ability to do the job, but something else (which to me looks like my past issue with HR at my current company). However that reference wasn't a reference I gave them, but someone the hiring manager contacted informally.

Looking at the hiring manager's linkedin mutual contact that he and me have, I can narrow it down to 1 person with whom he spoke. There are 3 more people with whom the hiring manager is connected from my company, however they would not have known about me.

Can I demand the new employer to disclose who gave them the informal reference? can I ask for a copy or contents of what been said about me?

HappyMJ

Rudess wrote: »

Thanks, I absolutely agree the proving would be difficult. However, since I know that there can be one person who had information on me, I know the source, although I have yet to have evidence whether the new employer spoke to him or to another colleague (the other colleague is the best friend of my previous manager, hence my suspicions my previous manager had gossiped with him about me at some point).

I'm not assuming that someone give me bad reference, it's a fact that the potential new employer confirmed by email. They said it has nothing to do with my ability to do the job, but something else (which to me looks like my past issue with HR at my current company). However that reference wasn't a reference I gave them, but someone the hiring manager contacted informally.

Looking at the hiring manager's linkedin mutual contact that he and me have, I can narrow it down to 1 person with whom he spoke. There are 3 more people with whom the hiring manager is connected from my company, however they would not have known about me.

Can I demand the new employer to disclose who gave them the informal reference? can I ask for a copy or contents of what been said about me?

Problem is with an informal reference there won't be any record of it and the discussion about you may have even happened outside of the work environment. They could be friends, down the pub one evening and just had a random chat about you and the new employer didn't like the sound of what he was hearing so revoked the offer of employment but as it was an informal chat there won't be anything written down.

It's all just guesswork really. I would try and find out what exactly happened but you probably won't find anything. I wouldn't be using the company you work for as a reference any more.

greenbee

It may be that they contacted your current emolyer for an HR reference (normal practice) which usually includes confirmation that you worked there for the dates you claim and information such as attendance and disciplinary record. The warning may have been indicated on the record (although possibly not the details) and that may have been enough to out them off.

Rudess

greenbee wrote: »

It may be that they contacted your current emolyer for an HR reference (normal practice) which usually includes confirmation that you worked there for the dates you claim and information such as attendance and disciplinary record. The warning may have been indicated on the record (although possibly not the details) and that may have been enough to out them off.

I gave them current manager as a reference, but I know for a fact that he wasn't contacted by them, and between the lines I can understand it was an informal reference, so not from HR for sure. It can either by from my previous manager (Same company) or from his best mate in the company (who is connected on Linkedin with the hiring manager).

sangie595

They are entitled to ask anyone they like for a reference - whether you give them he details or not. Whatever you assume is not relevant. You need to prove who they spoke to, and you need to prove that what that person said is not true. And by not true, I mean that there is nothing at all to support it. Which, given what you say, there may be. You may have been "stitched up" about something . But stitched up isn't a fact, but the something is. If it is on record it is true.

So how do your prove that someone said something that isn't true? Because that is what you need.

gettingtheresometime

Rudess wrote: »

I gave them current manager as a reference, but I know for a fact that he wasn't contacted by them, and between the lines I can understand it was an informal reference, so not from HR for sure. It can either by from my previous manager (Same company) or from his best mate in the company (who is connected on Linkedin with the hiring manager).

So the best mate is connected via LinkedIn to the hiring manager of what would have been your new employer?

I think you've answered your own question.

I think an informal approach was made and the dirt was dished but you'd never be able to prove it.

Rudess

sangie595 wrote: »

They are entitled to ask anyone they like for a reference - whether you give them he details or not. Whatever you assume is not relevant. You need to prove who they spoke to, and you need to prove that what that person said is not true. And by not true, I mean that there is nothing at all to support it. Which, given what you say, there may be. You may have been "stitched up" about something . But stitched up isn't a fact, but the something is. If it is on record it is true.

So how do your prove that someone said something that isn't true? Because that is what you need.

Thanks for taking the time to read and reply. What I'm trying to do is to expose what exactly been said about me. It's most likely about HR issue, but maybe it's something different which I'm not aware of.

Rudess

gettingtheresometime wrote: »

So the best mate is connected via LinkedIn to the hiring manager of what would have been your new employer?

I think you've answered your own question.

I think an informal approach was made and the dirt was dished but you'd never be able to prove it.

Indeed , difficult or impossible to prove. What would you do if you were in my position? would you confront the pesron who gave the informal reference?

TELLIT01

If they 'just had an informal chat' with somebody I'd be very surprised if that alone would be sufficient for a job offer to be withdrawn. They may have phoned the employer following receipt of the reference supplied by the HR department. It would be totally reasonable for them to request more information / clarification of potential issues. If HR and the manager in question were willing to provide that information then I don't see that they have done anything illegal. Although you can name a person within a company as a referee the company policy may dictate that all reference requests are routed through HR.