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Category: Republic of Ireland Law
Satisfied Customers: 1665
Experience:  Expert
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My wife got a negative background check from the previous

Customer Question

JA: Hi. How can I help?
Customer: My wife got a negative background check from the previous employer for no valid reason and lost the new job coz of that. This is despite her leaving on a very positive note and she feels it’s a foul play and deliberate attempt to sabotage her career by her manager
JA: Where is your wife? It matters because laws vary by location.
Customer: In Dublin Ireland
JA: What steps has she taken so far?
Customer: She just requested for a copy of the check
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that the new employer is the client of the previous company and she feels the manager was jealous that she got a growth opportunity
Submitted: 17 days ago.
Category: Republic of Ireland Law
Expert:  MARTINT330 replied 17 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 17 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 17 days ago.

No, they can't do that. Normally, her employer must give her at least the notice time specified in her employment contract or the statutory minimum notice period, whichever is longer. However, firing your wife without notice is only allowed once you are dismissed due to gross misconduct. This is usually known as summary dismissal.

It seems like she is dismissed unfairly by her employer. Here, her employer has made it appear to end her contract of employment without notice.

If your wife wishes to pursue a claim for unfair dismissal, she must initiate her claim for unfair dismissal within 6 months from the date of the dismissal. she may refer the matter to the Workplace Relations Commission (WRC) adjudication officer for a hearing to decide whether the dismissal was fair. They will be the ones to decide and adjudicate your wife's case. They may be contacted at their hotline via(###) ###-####

Expert:  MARTINT330 replied 17 days ago.

Is there anything else I can help with today?

Customer: replied 17 days ago.
She was not dismissed. She got a job offer and left the previous job however the new job didn’t let her join since she got a negative background check submitted by the previous employer
Customer: replied 17 days ago.
The negative check is being questioned by her as there was no means for it
Customer: replied 17 days ago.
How should she proceed
Customer: replied 17 days ago.
Any suggestions please
Customer: replied 17 days ago.
May i request for a response please
Customer: replied 17 days ago.
You have not even understood my question and your response has not been helpful at all
Customer: replied 17 days ago.
May I request for a response
Expert:  MARTINT330 replied 17 days ago.

You can investigate what your references or former supervisors are telling prospective employers. If you have a friend who owns a business or has an office number, ask him to call your former employers. Ask your friend to contact your previous employers to request verification of employment dates, rehire eligibility, and job performance.

In some cases, former employers ask the requester for a telephone number to return the call. The purpose is to ensure it's a business that is asking for the information and not a random individual. If this tactic is a little too surreptitious for your taste, complete an employment application to apply for an open position with your friend's company.

Expert:  MARTINT330 replied 17 days ago.

You can also look online to find companies that check your references for a fee. Such companies investigate and report back what exactly employers are saying that might be keeping you from getting a job. There are legal remedies to stop a former boss from giving out false information that's harming your reputation and undermining your qualifications.

Expert:  MARTINT330 replied 17 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.