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Tina my question is this, my wife has applied for a position…

Customer Question
Hi Tina my question...

Hi Tina my question is this , my wife has applied for a position and has gone through all the interviews she has now been asked that her potential new employer contact her current employer for a reference , her obvious concern is if her current employer gives her a bad reference causing her propestic employer to withdraw there offer. Then her current employer knowing she is looking elsewhere gives her the sack , this may not happen straight away but knowing her employer he would pile more pressure on her . I am retired but I have employed many people over the years and I would never think to ask someone to let me call there current employer , it would be fatal . So my question would be if they called my employer and he gave me a rubbish reference, so I lost the new position and my current employer is angry and looking for ways to get rid of me .

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sydney NSW

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 8 months ago.Category: Australia Law
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Customer reply replied 8 months ago
Full time
Answered in 11 minutes by:
8/7/2017
Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,240
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon

If the reference is bad and it is false then your wife has an action in defamation but she needs to have the new employer tell her what was said.

Usually if she has not told her current employer about looking for other work she should have advised the new employer and request that they not contact the current employer.

Many employers like to call referees and confirm what the new employee has said but if your current employer does not know you are looking for work you do not allow them to be called and explain why to your prospective employer.

You have actions in defamation for the false reference and if you are terminated for no reason an action for unfair dismissal.

Your wife should contact the new employer and request they not contact he current employer because they are not aware she is looking for other work and she fears they may terminate her if they don.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Customer reply replied 8 months ago
Hi Leon I don't want a telephone call , the question is straight forward . If my current employer sacks me because my prospective employer calls them to ask for a reference but doesn't give me the job and I am hung out to dry. My current employer would be pretty upset to find out I am looking for a new job and would put pressure on me to leave .
So legally where do I stand ? Or better still do I walk away from this new employer as their tactics are un ethical
Solicitor: Leon, Solicitor replied 8 months ago

Good Afternoon

Her is the response that I have given. Can you please confirm that you have received it.

If the reference is bad and it is false then your wife has an action in defamation but she needs to have the new employer tell her what was said.

Usually if she has not told her current employer about looking for other work she should have advised the new employer and request that they not contact the current employer.

Many employers like to call referees and confirm what the new employee has said but if your current employer does not know you are looking for work you do not allow them to be called and explain why to your prospective employer.

You have actions in defamation for the false reference and if you are terminated for no reason an action for unfair dismissal.

Your wife should contact the new employer and request they not contact he current employer because they are not aware she is looking for other work and she fears they may terminate her if they don.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,240
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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