conflicting referenceI have been out of work since last September and have been on many interviews and many call backs. I have a degree and almost 7 years experience in my field. It is a tight field and there is a lot of familiarity with the different companies that operate within this industry. I recently learned that the HR department at my former company, who had been called for references, had indicated that I was terminated. In fact this is not correct. I left the position on my own. I was not terminated and I was not asked to resign or risk being fired. I have several emails still in my possession showing correspondence between HR, my former manager, and myself asking for me to extend my end date almost tow weeks later than I initially indicated in my letter of resignation. I accepted the extra two weeks as being able to help them out. Thankfully, at the time, I did not have another job. I was taking some much needed personal time. So, now I am confused and not sure how to rectify this. I have gone back and sent copies of my resignation and the corresponding emails to the company that had hired me pending references (which I lost) and to my former company who indicated that their official records show a termination. I am somewhat hesitant to take this to an attorney, but feel it may be my only recourse. I was at this company for two years and had never had an employment review. Never had to sign off on a performance report. So now what.. When offered the position, do I bring in my letters and emails ahead of the reference call and spell it out to a potential new employer?
ARGH! I doubt a lawyer will help if this is just an error and not malicious, however, my first stop would be a phone call to the head of HR at this company. Talk to them, find out first hand what they're saying and get it fixed. They may have said "voluntary termination" which means "quit" and someone misunderstood too. Tess I think you need to identify someone with your former employer, someone with whom you worked and who you consider to be a friend who knows that you resigned and weren't terminated, and ask that person to be a reference for you. On subsequent interviews, offer this person as a reference from that place of employment. The point is this new reference can make it clear to prospective employers that you resigned and weren't fired. Also keep in mind that the friend/co-worker doesn't have to be with the same company now, but can be someone who used to be there, but who's familiar with the circumstances regarding your departure. I'd also make a point of explaining the situation to prospective employer's so if the just verify employment, they won't be surprised with the answer and they'll have the name of someone reputable who can verify that you resigned and were not, as the record apparently shows, fired. If that's not possible, I'd find a good employment lawyer. Paul W. Barada The Negotiation Expert
If I were you, I would want to get this mess straightened out at somepoint or it will continue to be a potential problem any time you decideto look for a new job. As suggested, you can preempt any negativeassumptions by presenting your email evidence as soon as the issue ofreferences comes up. However, I would also resolve the issue with your former employer. Oncethey have your email evidence in hand, they are on notice that theyhave made an error in characterizing your departure from the company.Hence, any erroneous representations going forward would at the veryleast be negligent. Accordingly, you would have grounds for legalaction. I don't think you necessarily need to go to an attorney. Instead, I wouldcraft a very logical and precise formal letter outlining the issue andquoting from your documented emails why they need to cease and desistfrom identifying you as a terminated employee. I would close the letterby stating that their unwillingness to correct the problem will have adirect impact on your ability to make a living, and therefore, you willbe forced to take legal action if the matter is not redressed within Xdays. You've gotten some good advice. 1. Call the head of IHR and see if you can sort this out. 2. Get someone who you worked with there to be a reference. A manager or supervisor is good. Best is a friend who will lie for you. 3. All a lawyer is likely to do is cost you money. If you go that route, don't look for a good one, look for a cheap one. All you can do is get him to send a threatening letter to them, he can be a traffic ticket lawyer. No! No! No! You don't want a friend who will lie!!! You want someone who knows the truth about your situation, someone you've worked with who's willing to serve as a reference and give HONEST answers to the questions that are asked about your departure! Paul W. Barada The Negotiation Expert To everyone..... Thank you for the advice. I have a former manager who has provided a positive reference, but he is now with another company. Understandably, any potential employer would also want to verify employment at the actual company where we both worked. That is where the hang up has been. As I recently found out, during a management shake up, there is new staff in HR, from Director position on down and, once presented with the emails and my resignation letter, they said they would correct any mis-identification in the future (unable to identify which HR person was initially repsonsible). However, and here is the "HOLY CR@P" moment... a performance review had been written and submitted to my file after both I and my manager at the time had left. I am still waiting to see the copy of it, but did inform them that I did not receive a performance review during my time there. I will await a copy of the review and have enlisted my former direct manager in this as he would have been the person to conduct this review. If a review is in place and this information is passed along, do I have any recourse? I believe that an employment atty should be consulted, but not sure. Also, how do I get to submit a rebuttal to a review I was never part of? Can HR continue to use the review during reference calls?
Thanks! Joe Yes, Yes, Yes, you do! Well, at least one who will bend the truth a little. I have a friend at my former employer who is a manager. I worked with him for years, he knows me well. He's great. He tells them all the great things I can do, and keeps to himself how hard it is to get me to do them, or that I'm a little nuts! Verifying employment is NOT the same thing as providing a reference who can discuss your actual job performance. Verifying employment usually just means confirming that the information you gave them on your application or resume is correct - that you actually worked there, that your job title is correct, and that your dates of employment are accurate - not much more. But I also think you have to insist on being given a copy of this "made up" performance review that, as I understand it, never took place. To make sure this is handled properly you really need your lawyer to help you. Normally, employer's don't release performance reviews, but in this instance, I think you have to insist on being given a copy and you're lawyer can help you if the "made up" review is false. Paul W. Barada The Negotiation Expert | |
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