employer creating disciplinary to affect new job

[LB2307]

Hi,

I would greatly appreciate some advice on this matter as soon as possible. Basically I've worked for my company for a year on an agency basis. Subsequently the company were impressed at the results I achieved and offered me the role on a permanent basis, which I accepted. For two months I have worked here on a permanent basis, however I was recently approached and accepted a better role elsewhere.

My current manager is unhappy about me leaving as before I was brought in the company was delivering bad results. Once I leave I think the positive results I had made might be undone and as such the blame will lay with him. We often disagreed on approaches as we had completely different approached. When I handed in my notice my manager (verbally) told me what I good job I've done and how they were sorry to see me go. However now with a week to go before I leave and start my new job, my manager suddenly told me that they were conducting a review and audit into my work because of some errors they have found and asked me not to come back until this has happened. He has also threatened a disciplinary and said he is bound to tell my new employer. I believe that the errors will be minimal, but I'm worried this will affect my new job. I believe the whole review is purely to affect me starting the new job - what are my rights on this?

[Kati]

Re: employer creating disciplinary to affect new job

Hi

I'm sure someone will be along to advise you soon, I'll put a shout out for some knowledgeable Beagles to come and help!

Kati x

[Apollo1966]

Re: employer creating disciplinary to affect new job

I had a similar situation a good few years ago. ? 4u When you accepted the new job was anywhere in the offer of the position subject to "references". If it is not then you are OK.

They may still not take you on but you are then able to take the old employer to court for defamation and the new employer for breach of contract. Only if the offer from the new job does not say "Subject to References".

Apollo1966

[LB2307]

Re: employer creating disciplinary to affect new job

thanks - unfortunately the job is subject to satisfactory references

[Johnboy007]

Re: employer creating disciplinary to affect new job

Hi,
Unfortunately because you have only been with your employer for less than two years, there isn't much you can do.
Personally, I would go see the prospective new employer and explain the situation. (you have nothing to lose)
Be truthful with him and it may swing the job for you.
There isn't much else I can offer.
The other alternative is to wait and see what your current employer does, and act accordingly.
If I was put under that sort of pressure, I would tell them to shove the job where the sun doesn't shine.

[Apollo1966]

Re: employer creating disciplinary to affect new job

OK... Well now you need to start to get a copy of those references. to see if old boss is being defamatory. The way I did it was to set up on paper a dummy company with a mates contact details. One you can really trust. Make a name from an HR dept and request references on yourself from your old employer stating that you have applied for a position and the company are seriously considering your application.

Depending on your type of work and size of companies your working for I doubt they will check out your dummy companies details. If the type of work/business is not big enough to warrant an HR Dept type the request from a Secretary.

You could also talk to boss about why he is doing this. When you have your meeting over conduct it is VERY IMPORTANT that you have a TOTALLY INDEPENDENT witness with you who can take notes re the conversations in that meeting.

One question you must ask at that meeting is "why after my notice of intention to leave for a better job have these actions been taken, but when I was agency, my work was not questioned and I was taken on full time"

Other than this help mate I will leave you in the hands of experts I only replied as been in similar situation. My end result was to threaten court. Old employer for defamation and new for breach but mine didnt have subject to references.

Good Luck
Apollo1966

[bluebottle]

Re: employer creating disciplinary to affect new job

It sounds to me like bullying and this manager realising their shortcomings are about to be exposed.

[Apollo1966]

Re: employer creating disciplinary to affect new job

LB2307
When you do go see new employer and explain the situation. State that you believe that the bad references are you believe wrong because you were agency and then taken on full time. If there was a problem they would not have employed you but let you go while under agency. Even suggest they still take you on but say under a 2 month trial period.

Apollo1966

[Johnboy007]

Re: employer creating disciplinary to affect new job

You better tell your prospective new employer, that if there are any negative references. Then they have, in your opinion, been given because the old employer doesn't want to lose you.
Don't mention bad references, just negative ones.