Ex Owner given false References

[London000]

Hi there,

 

I am writing in short the disgusting things the ex owner(employer) have said.

I have worked for about 2 years in a restaurant (part-time) where I have brought very good comments on trip advisor as well as all the customers served were very satisfied with my work.....including the colleagues.

One day the Owner had a bad day and was upset and following to what he said I could not go back to work for him.....as to what he promised (raising the salary, paying for holiday,etc) he was turning the back at me...ignoring everything...

Anyway time came to apply for another job (within management - full time) but all of them fell through and didn't know anything what was happening behind the scene.... The Owner said to all the new employers that I had been stealing money - which brought much shame to me and my family. Of course it is not true and the Owner was lying without any morals....

As I have found out from a colleague what he has done, and the Owner came to apologise (although I had no idea what he was apologising for) I am about to get legal as I can not believe that I have lost well paid jobs and to say careers paying a healthy salary of more than £30.000 plus bonuses....

 

What and how shall I go about it?? Any employment Solicitors available with success in the field??? As I would not like to go over the 3 months period I will be writing a letter stating that I am claiming the loss encountered and the Owner to call all the employers to clear my name.

Also a letter of apology to be forwarded to myself and my family for bringing shame and defamation of a good and professional name and characters. I really can not believe that I have been treated this way where I have been doing everything I could for the Company and himself.

Do please let me know where shall I go to bring him to justice. He is a very mean and greedy person and he keeps lying to everyone just to get good remarks on Trip advisor.

An ex colleague, a year ago was writing on the trip advisor that he is stealing the tips of the workers but 2 days later he offered money to him to take it away.... Although he advertised on the menus that the tips go to the waiters everything was going to his pocket and that was in amount of (5000 - 6000 a month...) would you believe it???

dd

[becky2585]

Hi there

 

I think that you are thinking about a type of defamation claim, or negligent misstatement, which isn't dealt with by the tribunal.

 

They are quite unusual claims and can be very expensive - I would seek legal advice ASAP to see whether it's worth embarking on.

[London000]

Hi there

 

I think that you are thinking about a type of defamation claim, or negligent misstatement, which isn't dealt with by the tribunal.

 

They are quite unusual claims and can be very expensive - I would seek legal advice ASAP to see whether it's worth embarking on.

 

 

Hi Becky,

Many thanks for your reply and the time taken.

Yes, I thought it would be but as it stands I am really disgusted by the guy of the company as it is really lying. I am although, very happy that I don't have to work for such a evil man anymore....and although I have accepted a lot of things (stupid of course) of his doing, keeping my head down and doing my job (which I love it) I must say that the feeling I have that I am no longer part of a sinking ship is far better.

I have a unique knowledge when it comes to people and really over the years with lots of studies (accounting, economics and politics, music, etc) nothing was better than working with people. I love people in fact as I have always learned - customers are my managers. Treat everyone with respect as you want to be treated (although it might be a bit different in reality)... I am a journal when it comes to people. Over the years I could perhaps tried too much and must say that I have succeeded to make everyone happy.... The return from my friends though and some colleagues were way too much too bear...(jealousy...or I should call it childish behaviour in return). I was "sold" for a few bucks and how bitter - over time their taste was....

Coming back to the problem - The ex owner realised that he lost me and I believed that he tried to get me back - but what a stupid method to do it.... It is his loss and he realised it but too late.

I really don't care much as it is just a job I loved and did it so well.... All my family friends and colleagues supported me as well as his company by becoming a regular customers...too late as I will not be hiding anymore his actions. The truth is far better and sweet and I want that. I'd rather OWN the TRUTH than hiding in lies. I just Love that!!!

Anyway I can sleep better knowing that the truth is out. I am probably the last when it comes to being the perfect one...and although I have lots to learn and get rid of mistakes I am trying to the best I can.

dd

[steampowered]

The time period for an unfair dismissal-type claim is three months. That period would only be relevant if, for example, you wanted to claim for constructive dismissal.

 

Claims relating to what he said to other potential employers are not really within the realms of employment law. The time period for these claims is six years.

 

If he has been falsely stating that you stole money without any facts to back that up, and you have lost jobs as a result - then I would absolutely ask him to compensate you for the full wages you would have otherwise received, and bring legal proceedings against him if he refuses. I'd try to get another job first, and then seek to pursue him for the excess.

 

You'd want to treat this as a negligent misstatement claim rather than a defamation claim, as defamation claims can only be brought in the High Court in London, which has nasty implications for legal costs.

[London000]

The time period for an unfair dismissal-type claim is three months. That period would only be relevant if, for example, you wanted to claim for constructive dismissal.

 

Claims relating to what he said to other potential employers are not really within the realms of employment law. The time period for these claims is six years.

 

If he has been falsely stating that you stole money without any facts to back that up, and you have lost jobs as a result - then I would absolutely ask him to compensate you for the full wages you would have otherwise received, and bring legal proceedings against him if he refuses. I'd try to get another job first, and then seek to pursue him for the excess.

 

You'd want to treat this as a negligent misstatement claim rather than a defamation claim, as defamation claims can only be brought in the High Court in London, which has nasty implications for legal costs.

 

 

Hi Steampowered,

Wow...it is amazing how frustrated I feel ... I am still shocked.

Thank you Steampowered for that and I am really looking forward to see what else he could come up with in front of a Judge and of course in front of me.

Will be letting you know what answer will cough up to my letter as I shall be sending Rec Delivery and anything else will say(as I know that he will try to call me straight away to bribe me).

I have also taken some photos here and there of certain things which seemed unreal but that was just pure luck.

So many of us failed on the stairs going to the basement and that was for years and so many nasty things towards girls....really he will not stand much of a chances.

Anyway coming back to the present nasty story I shall be sending the letter tomorrow.

Thank you once again and keep in touch...

 

Oh....and what he wanted a few days ago to try to get me back saying that he was sorry (although I thought that it was for loosing me). He asked one of my colleague to call me and to offer me more money but just to come back to work.... You must be joking....

dd

[ericsbrother]

The first step is to get a decent lawyer to send him a letter requiring him to retract everything he has said that is defamatory and to make sure that the said retraction is circulated to the prospective employers who recived the untrue references.

Secondly, you shouldconsider recovering your costs and losses caused by his action. There are many well known firms of big name libel lawyers that do "no-win no-fee" work and if they accept your instruction require you to only pay an insurance premium. Going to court will prove a very expensive ordeal for the ex-employer so it is likely that they will want to settle by way of apology and then and disappear below the radar again. Be realistic about how much you can actually recover as damages as long as you arent out of pocket for the action

[stevemLS]

I think defamation claims can be made in District Registries and do not have to be issued at the RCJ.

 

They are notoriously expensive, ruinously so in some cases.

 

What evidence do you have?

 

I can't really see how it can be characterised as negligent misstatement if the former employer has been saying that OP stole money and he didn't, that is straightforward defamation.

[London000]

I think defamation claims can be made in District Registries and do not have to be issued at the RCJ.

 

They are notoriously expensive, ruinously so in some cases.

 

What evidence do you have?

 

I can't really see how it can be characterised as negligent misstatement if the former employer has been saying that OP stole money and he didn't, that is straightforward defamation.

 

 

Hi StevemL,

 

As I am now gathering evidence at the moment from the employers where I have submitted my CV for employment and as some of my colleagues have witnessed his disgusting words when given reference over the phone this is definitely something. He came over where I am working now (part time) to apologise saying that he is sorry for what he said about me - and I didn't know at the time what he was on about - thinking that he did tell my colleagues something small and insignificant.

I knew him that he is capable to tell lies but this....I can not even think what I would do when I face him. I can not even look at him. He was trying to take me back through another colleague offering me better salary. Tempting but no thanks as I can not even think to work with such a evil person.

He is the type of a person that will do everything for fame and that is why he doesn't like if his restaurant is not number 1 in the area. He is capable to sell anyone for his own benefit.

A colleague placed a 1 star over the trip advisor 1-1/2 year ago and as he found out he has taken her mobile and he placed 5 stars. And that is nothing compare with other things. But I have tried my best to do whatever I could as I love my job and keep my head down....but too much is too much.

 

I know that it is defamation of a good name, character and career and the loss suffered is greater than what other believe. Once you are turned down for a job you will not have credit in the future regardless the outcome. I really have to be very lucky now. I really can not concentrate anymore. To get a management job in catering is amazingly hard if you are not on the ball everyday... Trust me although I have been doing it for more than 17 years now I feel that I can not even be a waiter.

 

Sorry, now I did send the letter rec delivery with a claim title of Negligent misstatement but mentioned that there was defamation and stripping me and my life for whatever I have built over the years. I have also asked to send me and all the employers letters of apology and stating the truth so he can clear my name. I have also claimed the yearly salary I have lost and that I have given a clear 14 days to respond. If not, I will be going to a solicitor to get things moving.

dd

[London000]

I can't really see how it can be characterised as negligent misstatement if the former employer has been saying that OP stole money and he didn't, that is straightforward defamation.

 

Hi steveMLS,

What I don't understand is why the law is such a headache when it comes to defamation. It is what he said, I have suffered job loss, good salary, years of my CV had been destroyed in just a few rubbish words, so why laws are made up of covering the truth??? and give cheaters and lies to win??? I do not accept it and therefore will be getting the truth on the podium. Will stick to it and that is it. Boy, he will go down on his own doings...

dd

[steampowered]

I know that it is defamation of a good name, character and career and the loss suffered is greater than what other believe. Once you are turned down for a job you will not have credit in the future regardless the outcome.

This is not true. There is no permanent record. You should be able to find another job in future (and so a key concern is that your employer does not continue making false allegations in future references).

 

I can't really see how it can be characterised as negligent misstatement if the former employer has been saying that OP stole money and he didn't, that is straightforward defamation.

I don't claim to be an expert on the subject, but I personally see this as a claim which is better brought within the realms of negligent misstatement rather than defamation.

 

The essence of a defamation claim is that your reputation has been damaged in the eyes of people generally. The essence of a negligence claim is breach of a duty of care which causes a specific economic loss. In this case, the claim is more focussed on the specific harm of losing money from a new job, rather than on harm to her reputation generally (which will be very small, as the reference was only made a very small number of people).

 

I am thinking that the op brings a claim along the lines of the famous Spring v Guardian Assurance case. I agree that it sounds a bit strange to be claiming negligent misstatement for a statement which the op is alleging was made maliciously (no doubt this will be denied by the former employer), but I think the essence of negligent misstatement is really a breach of the duty of care which the former employer owed. A reckless/deliberate act would meet the negligence threshold - to put it another way, the fact that someone acted recklessly/deliberately doesn't mean they have less legal liability than if they just acted carelessly, as you can have claims for negligence where someone owes a pre-existing duty of care and acts recklessly or deliberately.

[stevemLS]

steampowered - the law of negligence does not ordinarily cover deliberate acts - they are usuual dealt with elsewhere, however, I agree with you on the basis of your analysis of the authorities and stand corrected!

[Pusillanimous]

London000 I do not understand why your boss falsely accused you of stealing? Did you have a permanent contact and were you there two years or more? If so, you may have employment rights.

 

He cannot just fire you with no reason and no due process (look up ACAS guidelines).

 

Put in a tribunal claim of unfair dismissal within three months of the date of termination. The onus will be on him to show fair reason. A tribunal judge will take a very dim view of a false charge of theft.

[London000]

London000 I do not understand why your boss falsely accused you of stealing? Did you have a permanent contact and were you there two years or more? If so, you may have employment rights.

 

He cannot just fire you with no reason and no due process (look up ACAS guidelines).

 

Put in a tribunal claim of unfair dismissal within three months of the date of termination. The onus will be on him to show fair reason. A tribunal judge will take a very dim view of a false charge of theft.

 

 

Hi pusillanimous,

 

Firstly: I have started a part time employment with contracted 24 hrs may 2013. I have brought many good comments from the customers over the period. Although some customers mentioned my name over trip advisor (good comments) all the credit was taken by the owner. Anyway I don't want my name to be mentioned as long as customers are happy.

 

What he heard from some colleagues is that I would like to open my own restaurant and that I will be taking his staff. I didn't even say that but the words are spreading with extra additions. Once he heard he came very upset at the end of the shift (11.00pm) when I was very tired and he was really aggressive saying that why do I want to take his staff with me??? I then replied that he can bring that person who said that. He kept quiet but more aggressive started to say a lot of things which I can not even remember.

 

At that point I said that as I finished my work and will be going home as I don have to listen to all the rubbish he is saying (which are not true). He then said that I need to let my card at work (which is unusual as the cards are staying with us). I am talking about a card for an epos system (used in restaurants) where you can send the orders only. There is no refunds, or anything else good for as he was the only one to have access to the main till.

I am not a child but a fully grown person and for him to treat me this way I do not accept it. As I have left my card I went home signing out. Second day I have called him and texted but he didn't reply at all - I was just saying that we need to talk. What shall I do?? come to work, or stay home??? No reply.

 

After a few days (almost 7- 8 days) waiting, I thought as he didn't answer, I have asked one of my colleague and he said that the Owner told everyone that I am no longer working there. All my colleagues were shocked to hear what has happened.

I then texted him and asked for the rest of the money as I understand that I am no longer wanted in his company. He then gave me the money without saying anything but looking at him with a face of being very sorry to lose me somehow.

That was it ......(that was almost 2 weeks later).when I started to apply for other jobs.

dd

[London000]

Hi there everyone,

Just to update with latest things....

Have sent a letter to he owner with a claim under the negligent misstatement.

He has now taken a solicitor to act for him and the solicitor has written an email to me saying that as he is denying what I have said with regards to falsely accusing me for stealing his money and I am not good in my job and as well he didn't even like me..... Also his solicitor said that as he paid all the money owed and that I have left voluntarily the job(which is again a lie as I have witness to what he did and say at the time) the solicitor will defend robustly the case.....

I was looking for a good solicitor on a no win no fee based....Anyone have an experienced Solicitor Company???

As I have gathered a few things to back up the claim I am looking to get the job done and the truth to win.

Many thanks,

dd

 

PS. also...How much time do I have to get things moving???

[Pusillanimous]

I would recommend you go to a High Street Employment lawyers and ask them to write a response, suggesting a sum in settlement of the dispute.

 

Are you still in time for an Employment Tribunal claim?

 

If not, think twice, as libel claims are very expensive.

[honeybee13]

Hi there everyone,

Just to update with latest things....

Have sent a letter to he owner with a claim under the negligent misstatement.

He has now taken a solicitor to act for him and the solicitor has written an email to me saying that as he is denying what I have said with regards to falsely accusing me for stealing his money and I am not good in my job and as well he didn't even like me..... Also his solicitor said that as he paid all the money owed and that I have left voluntarily the job(which is again a lie as I have witness to what he did and say at the time) the solicitor will defend robustly the case.....

I was looking for a good solicitor on a no win no fee based....Anyone have an experienced Solicitor Company???

As I have gathered a few things to back up the claim I am looking to get the job done and the truth to win.

Many thanks,

dd

 

PS. also...How much time do I have to get things moving???

 

Hello again.

 

We don't recommend lawyers here, sorry.

 

I agree with Pusillanimous, talk to some high street lawyers to see what they think of your case and if you feel you can work with them. You can find local lawyers with the right skills if you look on the Law Society website's Find a Solicitor facility.

 

HB

[SabreSheep]

Sadly Site rules mean we are unable to assist you in recommending any commercial enterprise.

 

Regards

 

SS

[SabreSheep]

Whoops cross post

[honeybee13]

No problem, at least we agree.

 

HB