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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10772
Experience:  Barrister 17 years experience
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I am currently looking for a job and i found out my previous

Resolved Question:

i am currently looking for a job and i found out my previous employer is giving me a bad verbal reference, when companies are calling.He had already given me a written reference which was short but ok.
Submitted: 19 days ago.
Category: Republic of Ireland Law
Customer: replied 19 days ago.
is this legal and what can i do about it , i was given the information from an agency,they informed me last friday that my employer would not recommend me as a contract manager although i have been working in this position for 20 tears with different companies.
Expert:  Buachaill replied 18 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 18 days ago.

1. Dear Mark, you can sue for negligence if the verbal reference being given is not borne out by the facts and is driven by some ulterior motive. However, be aware that these actions are difficult to win, as employers are given a wide latitude in the opinion they can hold as regards ***** ***** So, you need to be able to pin down where the reference is incorrect.

Expert:  Buachaill replied 18 days ago.

2. The second limb of any strategy to deal with this situation is to simply not give the name of this employer in any CV. An employer is not obliged to give any reference so the institution of legal proceedings usually results in the employer refusing to provide any reference at all.

Expert:  Buachaill replied 18 days ago.

3. However, it is in your favour that the employer is changing what they say when asked verbally. This shows an element of bad faith in that the employer is misleading when verbally asked as compared with the written reference they have provided.

Expert:  Buachaill replied 18 days ago.

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Customer: replied 18 days ago.
would I be best to contact him direct or get a solicitor to write a letter regarding the bad reference
Expert:  Buachaill replied 18 days ago.

5. I would advise you get a solicitor to formally write to him regarding the bad verbal reference. However, if you believe he would listen to you, then you could speak with him yourself. However, this is only something you can judge.