When hiring new employees, most employers explicitly want to link a job offer to obtaining satisfactory references. To avoid litigation, the employer must make it clear to the potential worker, in each letter of offer, that his employment depends on obtaining a satisfactory reference. Ideally, the employer should also specify that it is up to the employer to determine what is “satisfactory.” From the employer`s point of view, particularly when the relationship is in difficulty or if the circumstances that led to the breakdown of the relationship were distressing, there may be a reluctance to give a reference letter. It is just as easy to understand why that is the reason. The employer does not feel inclined to serve the individual from the door, and may also be concerned about any debts associated with the presentation of a reference. If your employer gives a misleading indication, you may have one or more claims, including: If you are about to resign, a positive reference letter will be needed to facilitate your transition to a new job. Get solid and reliable advice before taking action. Contact the offices of Guelph Labour Law Officer Peter McSherry. We can help you determine what you can do to protect your interests. Contact us online or by phone at 519-821-5465 for advice. You should seek legal advice if you feel your employer has provided a misleading reference to you. If so, swift action is important to protect your legal position. Quantrills` labour lawyers can help.
Of course, it`s easy to understand why. If one leaves without a reference letter (and the employer`s agreement to stick to the spirit of this letter when receiving calls after oral reminders), there remains a gap in the history of the individual`s employment. This can be a major obstacle to finding a new job and therefore a considerable obstacle to reaching an agreement. The first, which is unusual, is when the employment contract has an explicit clause stipulating that the employee is entitled to a reference. The second option arises when a clause in the contract is implied, for example. B because the employer has traditionally given references in the past to workers of similar level. Third, an officer or person of authority assured the employee that a reference would be indicated. The fourth is the fairly frequent situation in which a worker who withdraws as a result of internal litigation receives a referral as part of a transaction agreement. Finally, there may be a regulatory obligation for the employer to give a reference, which may require specific information. You can also get a personal reference from an executive with whom you have more affinities when it seems that an official corporate reference is not as favorable. Employers should always keep in mind that an outgoing worker, to whom he refers, may be able to remediat an initiation application.
The content of a reference should correspond to the actual reason for the dismissal and any written reason. If z.B. the real reason why the worker was fired or felt like a departure of your person is due to his poor performance, but the reference is favorable and does not mention poor performance, it can be difficult for an employer to explain why he gave a good indication whether he should defend a right to constructive or unjustified dismissal. As a general rule, employers are not required to give a reference to a current or former employee, so if they do not want to provide a reference, they are generally not obligated. However, employers should adopt a consistent referral policy to avoid discrimination or violate the obligation of mutual trust. If you have any doubts that the person will later raise objections to an oral reference or if you wish to reserve the right to submit a full reference, including subjective assessments, the