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Can an ex-employer change/sully reference after employment ends?


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I used to work in a firm a few years ago and when I left that work, my record was very clean there. Hence, there would have been no reason for the HR to give a negative reference about me to any future employers. I was on good terms with everyone.

 

However, recently I came to know of some serious wrongdoing my line manager was getting involved in. I can't give the details, but it related to public interest, so it was very important to alert the 'higher up' bosses about this in that firm.

 

So I wrote to the people at the top about it. But when I alerted the top people, they actually defended the 'wrong-doing' line manager and, to my shock, started threatening me about the 'consequences' if I did not stop raising this matter. I can't believe they are doing that.

 

Now my worry is, can they change my reference in the 'official' records after an employee left work on clean record?

 

I am asking because I heard, many employers ask ex-employers a question like, "would you re-employ this person if he/she applies again?" Earlier my ex-employer may have said 'yes' to that, but can they change this answer in the 'official' file?

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A reference can mention anything so long as it is factual and not misleading nor malicious, so in answer to the question on whether the previous employer would take you back, then yes they could change their opinion quite lawfully. What they could not do is to change factual details relating to sickness or disciplinary records, nor your reason for leaving, so they would have to be very careful as it would look extremely odd to report that you were a model employee in those respects but that they would not re-employ you!

 

I have to ask though - why would you be getting involved in the affairs of a previous employer or it's employees several years after leaving? You would surely have to have substantial proof of wrongdoing to avoid risking the accusation that your own actions were malicious!

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That question is a very 'grey' one, a lot of companies will NOT re-employ ex employees within a certain period so it is very loosely worded.

 

References as such are a 'smokescreen' if they are used to NOT employ somebody who has passed all recruitment tests, probation period and CRB check.

 

All a reference should ask (IMHO - and I have worked in Recruitment and seen some very strange references) was

 

1. Did the person work for you between x and x date

 

End of. I have seen glowing references for people clearly not capable of the things in their references and lousy references because the person 'didn't fit in' with the 'company profile'.

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Why would I be getting involved in this several years after leaving...

 

Well, I cannot give details, but essentially my ex-line manager has been doing something seriously wrong (it relates to public interest) and the only way he could 'justify' his wrongdoing was by ridiculing my work over there. I found out about it recently and hence I had to state the facts to the top people.

 

And I do have the proof of whatever I have said to the top bosses. But it seems they are all the same.

 

Thanks for the helpful replies.

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