Can Your Employer Provide A Poor Reference For You If You Quit?
Many individuals are curious about the extent of what their former employers can say about them in a reference, especially when they have quit their job. It's important to understand the legal and practical implications of this situation. Here's a detailed exploration of whether employers can provide a poor reference and under what circumstances.
Employers Can Provide Poor References, But They Typically Don't
While employers have the legal right to provide a poor reference, they often choose not to go that far for several reasons. Typically, they will confirm the dates of your employment and your salary. In some cases, they might also confirm your eligibility for re-hire, which can be a more discreet way of providing a negative reference without explicitly saying anything bad about you.
However, many companies have a policy against re-hiring individuals. If a former employer is asked directly, they may decline to answer sensitive questions about your performance or reasons for leaving. This non-answer can often be interpreted as an adverse remark. For example, if asked if you were honest, they might respond 'I prefer not to comment on that,' effectively conveying a negative impression.
References for Competing Companies
If you are seeking a job with a competing company, the situation changes somewhat. In the UK, it is common for candidates to provide their Human Resources (HR) department's contact information for references rather than their direct supervisor, especially if there was a strained relationship. In such cases, only the mandatory dates of employment will be provided.
Employers in the same company as the one you are applying with might be more forthcoming. They may provide a positive or neutral reference if they know the prospective employer well. On the other hand, if they had a negative experience with you, they might be more reluctant to give a reference or provide a less favorable reference.
Limited Disclosure of Information
According to legal guidelines, employers are only supposed to disclose information that you have given them to correct. This means that leaving your job is not a justifiable reason for an adverse reference. If you were frequently absent or caused performance issues, and your employer provided you with a plan of correction and you did not adhere to it, they can use this as a basis for an adverse reference.
For example, if you were written up for absenteeism or poor performance and given a chance to correct your behavior, your employer can disclose this information since you had the opportunity to improve. If you left voluntarily without any disciplinary issues, your employer cannot use this as a reason for a poor reference.
Choosing Your Referees Wisely
When selecting referees, it's crucial to provide a mix of positive and neutral references. Employers are often asked to give references, and sometimes they will decline to answer sensitive questions due to the subjectivity and potential for conflict. It's best to select referees who can provide a balanced and positive evaluation of your work, even if they may not give glowing recommendations.
Choosing the right referees can greatly impact your job search process. A list of qualified and professional references can make a significant difference in securing job offers. Ensure that your references are aware of your career goals and can speak positively about your skills and contributions.
Understanding the legal and practical aspects of employer references can help you navigate the job search process more effectively. By choosing your referees wisely and understanding the limitations of the information that can be disclosed, you can present yourself in the best possible light to potential employers.