Options if boss won't give a reference after resignation during probationary period

saunaboy

Hi Everyone,

I'm resigning next week - took a job that has turned out to be a mile from what was described. I have a firm job offer on the table elsewhere so I am off.
It is a small startup business with 12 staff & I expect the CEO (my boss) to have his ego dented & be tricky to deal with.

I am giving the required notice but the new job are doing a third party verification of the last few years employment. I was at last place for 10 years & they will be 100% fine, but what if this guy just ignores the request? He will get an online form & asked to complete start/end date & reason for leaving etc.

Only been there 6 weeks - would you expect the new employer to be reasonable, or could him refusing a reference knacker my screening process?

If this happens, what are my viable options? I have scanned my contract & I have a payslip for the period. Is this likely to be good enough in lieu of a "he was here between X & Y" reference?

tacpot12

Your new job should accept that your current employer may not be willing to give you a reference if they are upset at you leaving - this is a sort of back-handed compliment to you - and they should accept your payslips and P45 as evidence that you did work there, but HR departments can be a bit funny. There is nothing you can really do, apart from trying not dent his ego. 

Make it less about him, or how he mis-described the job, and more about the better opportunity at the new employer.

saunaboy

yeah that's exactly my plan - and of course I was 100% up front with the interviewers during the interview. Job was waaay oversold & fortunately I'd had this opportunity.

At end of the day it is 6 weeks, so if he is unwilling to help then fair enough I've scanned my payslip.

Undervalued

saunaboy said:

Hi Everyone,

I'm resigning next week - took a job that has turned out to be a mile from what was described. I have a firm job offer on the table elsewhere so I am off.
It is a small startup business with 12 staff & I expect the CEO (my boss) to have his ego dented & be tricky to deal with.

I am giving the required notice but the new job are doing a third party verification of the last few years employment. I was at last place for 10 years & they will be 100% fine, but what if this guy just ignores the request? He will get an online form & asked to complete start/end date & reason for leaving etc.

Only been there 6 weeks - would you expect the new employer to be reasonable, or could him refusing a reference knacker my screening process?

If this happens, what are my viable options? I have scanned my contract & I have a payslip for the period. Is this likely to be good enough in lieu of a "he was here between X & Y" reference?

Apart from in a few regulated professions there is no legal obligation to provide a reference. So, apart from asking nicely there is nothing you can do if he were to refuse.

Sandtree

It'll be down to your new employer and potentially what industry they are in. 

If for example you were in financial services then an unreferenced job is likely to result in a failure of screening and the offer being withdrawn but there are many more reasonable industries out there. Is there a plan B? Would a colleague potentially be willing to give the reference rather than CEO? In such a small organisation that may be career limiting for them and after 6 weeks you may not have the relationships to ask but worth a thought.

Undervalued

Sandtree said:

It'll be down to your new employer and potentially what industry they are in. 

If for example you were in financial services then an unreferenced job is likely to result in a failure of screening and the offer being withdrawn but there are many more reasonable industries out there. Is there a plan B? Would a colleague potentially be willing to give the reference rather than CEO? In such a small organisation that may be career limiting for them and after 6 weeks you may not have the relationships to ask but worth a thought.

Regulated parts of the financial industry is one of the areas where there is a legal requirement to provide a reference.

Sandtree

Undervalued said:

Sandtree said:

It'll be down to your new employer and potentially what industry they are in. 

If for example you were in financial services then an unreferenced job is likely to result in a failure of screening and the offer being withdrawn but there are many more reasonable industries out there. Is there a plan B? Would a colleague potentially be willing to give the reference rather than CEO? In such a small organisation that may be career limiting for them and after 6 weeks you may not have the relationships to ask but worth a thought.

Regulated parts of the financial industry is one of the areas where there is a legal requirement to provide a reference.

I'm not convinced there is a legal requirement to provide a reference, particularly given a person could be coming from outside of the industry... your typical stables won't know if they are legally obliged to give a reference to an insurer thats hired their stable boy as an office junior. 

There can be a requirement to gather references, and certainly I;ve known people get unstuck (eg someone early in their career that spent 6 months backpacking around India) because for various reasons references for 6 years are hard to get (which also have to cover periods of non-working for over 1 month)

Undervalued

Sandtree said:

Undervalued said:

Sandtree said:

It'll be down to your new employer and potentially what industry they are in. 

If for example you were in financial services then an unreferenced job is likely to result in a failure of screening and the offer being withdrawn but there are many more reasonable industries out there. Is there a plan B? Would a colleague potentially be willing to give the reference rather than CEO? In such a small organisation that may be career limiting for them and after 6 weeks you may not have the relationships to ask but worth a thought.

Regulated parts of the financial industry is one of the areas where there is a legal requirement to provide a reference.

I'm not convinced there is a legal requirement to provide a reference, particularly given a person could be coming from outside of the industry... your typical stables won't know if they are legally obliged to give a reference to an insurer thats hired their stable boy as an office junior. 

There can be a requirement to gather references, and certainly I;ve known people get unstuck (eg someone early in their career that spent 6 months backpacking around India) because for various reasons references for 6 years are hard to get (which also have to cover periods of non-working for over 1 month)

The legal requirement, as I understand it, is to provide a reference about an employee who works in a regulated area of financial services (and some other fields of work) if one is requested.

Sandtree

Undervalued said:

Sandtree said:

Undervalued said:

Sandtree said:

It'll be down to your new employer and potentially what industry they are in. 

If for example you were in financial services then an unreferenced job is likely to result in a failure of screening and the offer being withdrawn but there are many more reasonable industries out there. Is there a plan B? Would a colleague potentially be willing to give the reference rather than CEO? In such a small organisation that may be career limiting for them and after 6 weeks you may not have the relationships to ask but worth a thought.

Regulated parts of the financial industry is one of the areas where there is a legal requirement to provide a reference.

I'm not convinced there is a legal requirement to provide a reference, particularly given a person could be coming from outside of the industry... your typical stables won't know if they are legally obliged to give a reference to an insurer thats hired their stable boy as an office junior. 

There can be a requirement to gather references, and certainly I;ve known people get unstuck (eg someone early in their career that spent 6 months backpacking around India) because for various reasons references for 6 years are hard to get (which also have to cover periods of non-working for over 1 month)

The legal requirement, as I understand it, is to provide a reference about an employee who works in a regulated area of financial services (and some other fields of work) if one is requested.

Can you point to it? I've known candidates have references refuse and HR never pointed out they were legally obliged to provide but have had the conversation about if we can continue with the hire or not with the gap due to our requirements.

Undervalued

Sandtree said:

Undervalued said:

Sandtree said:

Undervalued said:

Sandtree said:

It'll be down to your new employer and potentially what industry they are in. 

If for example you were in financial services then an unreferenced job is likely to result in a failure of screening and the offer being withdrawn but there are many more reasonable industries out there. Is there a plan B? Would a colleague potentially be willing to give the reference rather than CEO? In such a small organisation that may be career limiting for them and after 6 weeks you may not have the relationships to ask but worth a thought.

Regulated parts of the financial industry is one of the areas where there is a legal requirement to provide a reference.

I'm not convinced there is a legal requirement to provide a reference, particularly given a person could be coming from outside of the industry... your typical stables won't know if they are legally obliged to give a reference to an insurer thats hired their stable boy as an office junior. 

There can be a requirement to gather references, and certainly I;ve known people get unstuck (eg someone early in their career that spent 6 months backpacking around India) because for various reasons references for 6 years are hard to get (which also have to cover periods of non-working for over 1 month)

The legal requirement, as I understand it, is to provide a reference about an employee who works in a regulated area of financial services (and some other fields of work) if one is requested.

Can you point to it? I've known candidates have references refuse and HR never pointed out they were legally obliged to provide but have had the conversation about if we can continue with the hire or not with the gap due to our requirements.

Not specifically as finance is not my area (and I am getting well out of date)! However I am reasonably confident that what I said is broadly correct for certain regulated positions.

Sandtree

Undervalued said:

Sandtree said:

Undervalued said:

Sandtree said:

Undervalued said:

Sandtree said:

It'll be down to your new employer and potentially what industry they are in. 

If for example you were in financial services then an unreferenced job is likely to result in a failure of screening and the offer being withdrawn but there are many more reasonable industries out there. Is there a plan B? Would a colleague potentially be willing to give the reference rather than CEO? In such a small organisation that may be career limiting for them and after 6 weeks you may not have the relationships to ask but worth a thought.

Regulated parts of the financial industry is one of the areas where there is a legal requirement to provide a reference.

I'm not convinced there is a legal requirement to provide a reference, particularly given a person could be coming from outside of the industry... your typical stables won't know if they are legally obliged to give a reference to an insurer thats hired their stable boy as an office junior. 

There can be a requirement to gather references, and certainly I;ve known people get unstuck (eg someone early in their career that spent 6 months backpacking around India) because for various reasons references for 6 years are hard to get (which also have to cover periods of non-working for over 1 month)

The legal requirement, as I understand it, is to provide a reference about an employee who works in a regulated area of financial services (and some other fields of work) if one is requested.

Can you point to it? I've known candidates have references refuse and HR never pointed out they were legally obliged to provide but have had the conversation about if we can continue with the hire or not with the gap due to our requirements.

Not specifically as finance is not my area (and I am getting well out of date)! However I am reasonably confident that what I said is broadly correct for certain regulated positions.

I could see it in more vocational roles like Dr or Solicitor but people move in and out of FS all the time and there are plenty of roles that just happen to be for an FS company (eg receptionist, IT Helpdesk etc) and so would be exceptionally difficult to police were it true.