Revoked Job Offer

[hernebay101]

Hi all - URGENT HELP NEEDED PLEASE!


I was recently dismissed from my job for frequently claiming extra mileage on a number of occasions, The reason I did this was due to being in a really bad place, my partner is caring for her desperately ill mum and we were struggling with bills and I couldn't risk losing the house as my partner is only 2 mins away from her mum and I couldn't do that. I am ashamed at what I have done.

It was agreed with my last employer that I could have a standard reference that confirms that dates I worked at the company, in the meantime I applied for another job that I got and sent the standard reference off which they accepted and I was due to start on the 4th November.

On the Friday before at 2pm I got a call from a Director at the new company who said that the references were not acceptable even though I was told they were and that my former job has told them I was sacked for gross misconduct.

I called the old job straight away and couldn't believe what HR told me, they said that someone at the company had anonymously told the MD at the new company to look into my references more and hung up, hence the new company asking more and being told that I was sacked.

I cannot understand why

1) I was told all was ok and I didn't need to do anything else and even told what time I was starting the following Monday, I has bought 3 new suits and was ready to pay back my old company what monies I had taken.

2) I had signed a contract with the new company and cant understand why I was told so late.

I have spoken to some friends and they said I might be able to seek compensation from new job as I ad a contract and they had accepted my standard reference before the tip off.

I am also challenging the process of my dismissal as I don't believe any mitigating circumstances have been taken into account like my mental health state. I was asked to provide details of my specialist and GP and I signed consent forms but they didn't even ask for information from them.

I know what I did was wrong but there was reasons and I only wanted the chance to put it right with the new job and pay them back but now this has gone.

If anyone gave give guidance on the contract compensation I would be so grateful

Thanks

[CleverClogs]

Re: Rovoked Job Offer

I am certainly not an expert on employment law, but I seriously doubt that you would have even a snowball's chance in hell of getting any money from your prospective employer.

Whether you could make a claim against your previous employer may be another matter but, as you appear to have been dismissed for repeated dishonesty, I rather doubt that (even if you won) you would get enough in damages to cover the costs of the case.

[wales01man]

Re: Rovoked Job Offer

Will upset someone with this I expect?
I was once "in a bad place" but I didn't turn to taking money or fiddling as I knew it would come back to haunt me, In this case I too am but expert but I think once the new Employer found out about the dismissal they were right in withdrawing the offer.
Time for OP to get on with their life and put this mess behind them and learn a valuable lesson.

[MissFM]

Re: Rovoked Job Offer

Hi Hernebay

Yet another non-expert opinion from yet another who wishes you well:

CC and Wales are both correct in what they say IMO - I can't see that you would have any financial redress against either your old employer or your (ex)prospective one. Someone has clearly acted maliciously in reporting you but it would likely have come out eventually anyway. One consequence of dishonest behaviour is that it hurts others and creates grudges.

Your expressed intention to reimburse your former employer is IMHO the right way to go now and to be scrupulously honest in your future dealings. As everybody makes mistakes (even if they're not found out), you will gain far more understanding and sympathy by being absolutely transparent and expressing sincere regret for what you did; even if there were great pressures on you it is up to others to see that as mitigation - if you excuse yourself it makes it look as if you are trying to justify what you did, which is not endearing.

If you still want that job and it hasn't been filled, my suggestion would be to explain (if possible in person but otherwise in writing) your deep regret for your previous behaviour and your commitment to putting it behind you. You could explain that you believed it indeed was behind you, that a line had been drawn and that you are in the process of making financial redress. You could say how much you want the job and perhaps suggest a probation period with the new business during which you could prove your worth and demonstrate your commitment to doing an excellent job for them - or ask them what would tempt them to reconsider.

In my experience it's really not a good idea, nor empowering, to listen to "friends" who tell you to blame someone else for your mistakes.

Good luck

[hernebay101]

Re: Rovoked Job Offer

Hi Hernebay

Yet another non-expert opinion from yet another who wishes you well:

CC and Wales are both correct in what they say IMO - I can't see that you would have any financial redress against either your old employer or your (ex)prospective one. Someone has clearly acted maliciously in reporting you but it would likely have come out eventually anyway. One consequence of dishonest behaviour is that it hurts others and creates grudges.

Your expressed intention to reimburse your former employer is IMHO the right way to go now and to be scrupulously honest in your future dealings. As everybody makes mistakes (even if they're not found out), you will gain far more understanding and sympathy by being absolutely transparent and expressing sincere regret for what you did; even if there were great pressures on you it is up to others to see that as mitigation - if you excuse yourself it makes it look as if you are trying to justify what you did, which is not endearing.

If you still want that job and it hasn't been filled, my suggestion would be to explain (if possible in person but otherwise in writing) your deep regret for your previous behaviour and your commitment to putting it behind you. You could explain that you believed it indeed was behind you, that a line had been drawn and that you are in the process of making financial redress. You could say how much you want the job and perhaps suggest a probation period with the new business during which you could prove your worth and demonstrate your commitment to doing an excellent job for them - or ask them what would tempt them to reconsider.

In my experience it's really not a good idea, nor empowering, to listen to "friends" who tell you to blame someone else for your mistakes.

Good luck

Thank you MISS FM for the honest and kind reply, I have tried speaking with them and even offered to work without a salary for 2 months to show that it was a mistake and one that I have and will continue to learn from but they wasn't interested. on another note would a "standard" reference stating just the time I worked for the last employer from and to be sufficient to join a agency or apply for other jobs. I still have a full reference history from previous jobs?

Thanks again and best wishes

[hernebay101]

Re: Rovoked Job Offer

Thanks wales01man for your reply, you are 100% right it is now about moving on and learning from a very costly mistake. Best wishes

[MissFM]

Re: Rovoked Job Offer

Thank you MISS FM for the honest and kind reply, I have tried speaking with them and even offered to work without a salary for 2 months to show that it was a mistake and one that I have and will continue to learn from but they wasn't interested. on another note would a "standard" reference stating just the time I worked for the last employer from and to be sufficient to join a agency or apply for other jobs. I still have a full reference history from previous jobs?

Thanks again and best wishes

I'm so sorry to hear they wouldn't reconsider but admire you for trying so hard.

As regards your question (in red), I can see no reason why not but it might also be helpful to find out who your anonymous ill-wisher is and perhaps try to make peace with that person if at all possible. If that's not possible, you might be wise to pre-empt any future nasty surprises by telling prospective employers about the dismissal yourself, before they get the call.

These are just my thoughts but I know very little about employment law - there are those on here who are veritable founts of knowledge and I hope such a one will be along....

[wales01man]

Re: Revoked Job Offer

hernebay101
thankyou for your reply.
We all make mistakes in life sometimes we can turn back the clock but not very often im glad you have taken a positive attitude for the future again GOOD LUCK

[teaboy2]

Re: Revoked Job Offer

Firstly as others have stated, you have no recourse to claim any compensation from the prospective employer, you failed to disclose to them that your were dismissed and no doubt put in your application under reason for leaving an untruth, if reason for leaving was asked, which it is in majority of interviews and application forms.

As for the previous employer. Do you have it in writing that they agreed to give a standard reference, was there any agreed full and final settlement (or compromise) agreement which included the standard reference and dismissal to not be revealed? - If yes then you may have a claim against previous employer, but if no such agreements then you have nothing to make a claim against them for.

As others have said, best thing to do is move on and be honest in your interviews and show your remorse and regret to future prospective employers.