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Fired over Facebook? |
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Oct 13 2011, 06:37 PM
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QUOTE (Strafin @ Oct 13 2011, 07:28 PM) I tend not to , but have been advised by our HR department that it is OK to give a bad reference, so long as you can back yourself up when questioned. Sorry Strafin but isn't this exactly what I said? References should be legally truthful for both a "good" and "bad" reference!
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Oct 13 2011, 06:49 PM
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QUOTE (spartacus @ Oct 13 2011, 12:03 AM) If you're a 'techie' cornflake you'll know your every tap on the keyboard can be backtracked through your IP and other such computah-wizardry....
There's no escape once you've committed your thoughts to screen and pressed the <send> button....... WE know who you are.... < taps nose knowingly, winks and returns to reading The Times > Do you actually know who I am? I think I've kept things here simple enough not to be in any trouble for them...unless I haven't? Please advise. I am mega scared of getting myself into more trouble somewhere or somehow
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Oct 13 2011, 08:11 PM
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QUOTE (JeffG @ Oct 13 2011, 07:13 PM) There are contributors here who are obviously in the legal profession, so it would be interesting to hear their take on this. Will ask tomorrow (I work for a team of lawyers, including employment lawyers). I will say though, that I showed the original post to a member of the team way back when, and my colleague didn't have much sympathy for the OP. Sorry - prob not what you wanted to hear!
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Oct 14 2011, 03:21 PM
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QUOTE (Chesapeake @ Oct 13 2011, 06:09 PM) Actually, companies ARE allowed to give "bad" references as long as they are factual. In fact, if a company were not to divulge to the new propective company that had written for the reference that the employee had been fired for, let's say theft and the new company was then also a victim of the employees theft then the new company could sue the old company for not including important facts about the employees service. Hope that makes sense? QUOTE (JeffG @ Oct 13 2011, 07:13 PM) There are contributors here who are obviously in the legal profession, so it would be interesting to hear their take on this. QUOTE (Andy Capp @ Oct 13 2011, 07:17 PM) The basic rule is that you can say what you like provided it is demonstrably true, and you haven't signed any agreement to keep quiet. QUOTE (Strafin @ Oct 13 2011, 07:28 PM) I tend not to , but have been advised by our HR department that it is OK to give a bad reference, so long as you can back yourself up when questioned. QUOTE (Chesapeake @ Oct 13 2011, 07:37 PM) Sorry Strafin but isn't this exactly what I said? References should be legally truthful for both a "good" and "bad" reference! QUOTE (CBW137Y @ Oct 13 2011, 09:11 PM) Will ask tomorrow (I work for a team of lawyers, including employment lawyers). I will say though, that I showed the original post to a member of the team way back when, and my colleague didn't have much sympathy for the OP. Sorry - prob not what you wanted to hear! QUOTE (Dodgys smarter brother. @ Oct 13 2011, 09:44 PM) Contrary to obvious public misconceptions, it is NOT illegal for an employer to give a bad reference. BUT whatever they give has to be true, just in case they need to back it up later. Businesslink.gov.ukOkay, nobody seems to want to read my posts or believe them! Jeff, my job used to be Employment Law for a very large Multi-National Company so please believe me everyone when I say IT IS LEGAL TO GIVE A BAD REFERENCE AS LONG AS IT IS FACTUAL! As far as the original post by Cornflake is concerned it depends on exactly what was said on Facebook and whether it could be attributed to the company in question by friends or outsiders as this can then be classed as "bringing the company into disrepute" and therefore classed in the Company's Policies & Procedures as a "dismissable offence" Also, if the employee had been employed for less than a year, including the contractual notice period then the employee could not bring a case of unfair dismissal unless Company Procedure had not been followed or unless the employee had been discrimated against as set out in the current Employment Law.
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Oct 14 2011, 04:08 PM
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QUOTE (Chesapeake @ Oct 14 2011, 04:21 PM) Okay, nobody seems to want to read my posts or believe them! Jeff, my job used to be Employment Law for a very large Multi-National Company so please believe me everyone when I say IT IS LEGAL TO GIVE A BAD REFERENCE AS LONG AS IT IS FACTUAL! Wakey wakey, that's exactly what I said, plus I gave a link to further advice.
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Oct 14 2011, 09:29 PM
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QUOTE (Vodabury @ Oct 14 2011, 08:18 PM) In an earlier post it has been suggested that a former employer could be sued by the new employer for not divulging "important facts". Outside of any contractual arrangement between the two (employing) parties, I would be interested to see this happen. Yes, I couldn't see what duty the former employer owed the new one.
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Right an injustice - give Simon Kirby his allotment back!
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Oct 15 2011, 12:52 AM
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From: Newbury
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QUOTE (Chesapeake @ Oct 13 2011, 07:37 PM) Sorry Strafin but isn't this exactly what I said? References should be legally truthful for both a "good" and "bad" reference! So, what do you want - an argument with people who agree with you? Actually what you said meant absolutely nothing, just because you write something on here doesn't make it fact. You cited no references for where you got your knowledge from, or included any information as to your background or any indication as to why you believe what you said to be true. I could not provide a link, but did not state anything as a legal fact, just wrote what I had been told and who had told me. Take it or leave it.
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Oct 15 2011, 08:43 AM
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QUOTE (Strafin @ Oct 15 2011, 01:52 AM) So, what do you want - an argument with people who agree with you? Actually what you said meant absolutely nothing, just because you write something on here doesn't make it fact. You cited no references for where you got your knowledge from, or included any information as to your background or any indication as to why you believe what you said to be true. I could not provide a link, but did not state anything as a legal fact, just wrote what I had been told and who had told me. Take it or leave it. I think Chesapeake made quite a reasonable post, I'm not sure what has got your goat up!. One may write what one likes; true or not, but you might have to explain yourself it in a court of law. There is no law saying you may not write negative things about someone. To avoid falling foul of the law, it only requires you to be factually accurate and that you don't break other laws of discrimination and the like. http://www.askamanager.org/2010/06/its-not...ve-bad-job.htmlhttp://news.bbc.co.uk/1/hi/business/3065319.stmhttp://www.totaljobs.com/careers-advice/mo...egal/references
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Oct 15 2011, 09:17 AM
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QUOTE (Simon Kirby @ Oct 14 2011, 10:29 PM) Yes, I couldn't see what duty the former employer owed the new one. Honesty? If you give a non-committal reference I guess no one could blame you. However, if you give a glowing reference to someone you know to be useless (purely in the hope that the new employer would take away a problem for you) then I would have thought that it could be a form of fraud - or miss-selling!
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Oct 15 2011, 10:13 AM
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QUOTE (blackdog @ Oct 15 2011, 10:17 AM) Honesty? If you give a non-committal reference I guess no one could blame you. However, if you give a glowing reference to someone you know to be useless (purely in the hope that the new employer would take away a problem for you) then I would have thought that it could be a form of fraud - or miss-selling! Only if someone is buying something.
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