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Thread: Company References to employees

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    Company References to employees

    Hello

    I am having difficulties getting a referal from my previous company.

    The company is advising all potential new employers that I was dismissed by them, however, I am in possesion of a letter from the company accepting my resignation....

    What can I do about this?

    Elaine

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    Hi Elaine, I truly fail to understand why some companies deliberately do this. I also worked for a company that did not provide references for their ex employees. I am not sure though how your relationship was with your line manager or whomever you chose to provide reference for you. If you are using an agent to find you employment, I suggest you show them the letter which your previous employer accepted your resignation. I don't think there is anything legislated that compels companies to provide references, it's purely at their discretion. Good luck.

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    Gold Member Martinco's Avatar
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    To the best of my knowledge it is legislated that the employer must give a reference but does not say what must be in the reference.
    Martin Coetzee
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    Platinum Member sterne.law@gmail.com's Avatar
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    No legislation in terms of a reference. They must give you a certificate of service, but that does not count for much in terms of employment.
    I am also working off the basis that you really did resign. Many settlements are made where the parties agree to say resigned or retrenched instead of dimissed on paperwork. The other situation is where an employee resigns before disciplinary action.

    Perhaps an alternative person as reference, much will depend on their position though. If you have other work experience you may need to elave the latest company off as reference and if questioned explain in as simple, (vague?) but honest terms as possible. (the employer was very upset with you for leaving and refuses to give a fair reference)
    The more drastic step is a lawyers letter threatening legal action for personal injury, seeing as they are lying.
    I am also working off the basis that you really did resign. Many settlements are made where the parties agree to say resigned or retrenched instead of dimissed on paperwork. The other situation is where an employee resigns before disciplinary action.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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