Can my previous employer withhold my reference because of this?

[zebraandlilly]

Hi Everyone,

I left my job in September, I just received a letter from my line manager's manager telling me I owed the organisation £260 for damage to a laptop (saying the laptop is now unusable). I admitted to two keys falling off the laptop and at the time I was told that was normal wear and tear (as I did outreach work and the laptop travelled alot) But they are claiming a bent screen and trackpad. However paying for damages is not in my employment contract. Are they legally able to make me pay for the damages? If so can I ask for several quotes for the damage before I pay? They are threatening to withhold my reference if I don't settle the matter with them.

[becky2585]

As you've left your employment, it doesn't matter too much what your contract said. If you negligently damaged the laptop then you will be liable for the cost. However that has to be a reasonable cost (ie the cost of repairing whatever damage you caused).

 

There's no obligation to provide a reference so yes, they could choose to withhold it.

 

Asking for quotes to repair sounds sensible - otherwise you have no way to assess whether the money they are asking for is reasonable!

[ericsbrother]

How is fair wear and tear assessed? I wouldnt be offering anything unless they can quantify that in some manner. negligence would be for them to prove in the same way. Threatening to withold a reference is just childish behaviour from the person who said it as an employers reference is not dealing with personal matters anyway.

[andydd]

Id just tel;l them to F Off but depends on circumstances, were you at the job for a long period ?, If so not getting a reference can be troublesome, I work in short term It contracts so can easily miss out a job or two.

 

In my experience as an It Tech, equipment is always getting damaged and would normally be replaced, its unlikely any employer would ask for damage to be paid for, but yours doesn't sound too great, no wonder you left.

 

But withholding references is rather immature, if its a big company, references would sometimes just come from HR you would confirm your employment they wouldnt correspond with your line manager.