Question about H.R. and jobs

Ok so I am getting turned down for jobs left and right..and I always had this idea in my mind that is was my last job talking down about me which was stopping me getting these jobs..I always kill interviews i know this because Im a people person and always pass everything else skill wise but how come im still not getting these jobs, its got to be a reference thats hurting me..my references work and personal i have as good friends who i know are gonna talk me up and make me look good so its got to be a last job...so with this all said i got a email today from a place i was applying for and it said they went with a differnet caidate for the job..i emailed back asking why what happen..was it my dui i got 2 years ago and that was part of the background check or was it a ref..and she emailed back saying it was mt vista (which was last hospital i worked at) H.R. ..so h.r. is the reason why i havnt been getting these jobs and i want to know why..i never was late never called in sick got promoted to a supervisor within 4 months and everyone in my department and others liked me and always hungout or talked with me while i worked..so my question is a few things..1..can i ask H.R. what they are saying to me and they have to tell me...and 2..Aint it illegal to talk bad about a employee? any info or ideas ..thoughts?

yes you can ask them for a written reference and they should supply it to you .
and yes it is illegal to badmouth you .. but if the new employee asks them questions about you and the answer is bad they are not aloud to answer or on paper they leave the question blank witch can be worse than answering sometimes. all i can say is ask for a written reference and dont use it if its crap. sorry to here you job situation mate and im sure it will pass. chin up

I know its illegal in the UK to badmouth not sure in the states but like shorty says get a written statement off your old employee and if its rubbish for any reason just dont put them down as a reference use someone else and if the company asks why just explain as you have done on here about promotion etc and that someone must have a beef with you for whatever reason you dont know why so you have not put them down due to it hindering you for job prospects other than that if they dont ask dont tell but good luck on the job front pal.

dave of course you can pal, go to the requesting a custom sig part of the forum and leave detail of txt and background ect

lol just have

A good reference from your current or former employer can be extremely important if you are looking for a new job. In some circumstances the hope of a good reference that will allow you to go further will be a substantial part of the reason for doing a particular job at a particular time.

How can I find out if my employer is giving me a bad reference?
If you are offered a job ‘subject to receipt of satisfactory references’ and the offer is subsequently withdrawn, you can make a shrewd guess that an unsatisfactory reference has been provided.

Any temptation to try ‘mystery shopping’ by getting a friend to request a reference for you is best resisted. (Although tribunals often let snooping by employers pass without comment, there is something of a double standard in operation: they are likely to throw up their hands in horror if an employee uses subterfuge or deception to collect evidence.) A better method is to ask the recipient of the reference for a copy of it. An employer with a rudimentary sense of fairness may feel that if they’ve withdrawn a job offer to you because of a poor reference, you ought at least to be allowed to know what has been said.

If simply asking doesn’t work, you can make a subject access request to the recipient of the reference under the Data Protection Act. (Curiously, the organisation that provided the reference will not be required to disclose it because of a specific exception in the DPA.) Straightforward guidance on how make a subject access request is available from the Information Commissioner’s Office.

What can I do about a bad reference?
There are various possibilities, though their availability will depend on the circumstances:

breach of contract
negligence
victimisation
detriment in employment
defamation

breach of contract
If you were still employed by the employer who has given you a bad reference at the time they gave it, then if the reference is unfair or misleading you can try arguing that giving it amounted to a breach of your contract of employment. There almost certainly won’t be an express term in your contract about references (though if on recruitment your negotiating position is strong enough to allow you to rewrite your contract, it wouldn’t be a bad thing to include one), so you will have to fall back on the implied term of ‘trust and confidence’ term: see TSB Bank plc v Harris [2000] IRLR 157.

If your employment has ended by the time the reference is given, you won’t be able to rely on the trust and confidence term. In the unlikely event that you have managed to get an express term about references inserted into your contract of employment, you may be able to rely on that, provided the term makes it clear that this is a contractual obligation on your employer that survives the end of the employment relationship.

The only other way you might have a contractual claim is if your employment has terminated or a claim arising out of your employment was settled on agreed terms, including terms as to the reference that will be given. If that is the case, then if you believe that your former employer has acted in breach of the agreement, you can sue for damages in the County Court.

Negligence
In Spring v Guardian Assurance [1994] ICR 596, the House of Lords confirmed that an employer or former employer owes a duty of care to the subject of a reference. If you can show that your former employer negligently included false or misleading information about you in your reference and you suffered loss as a result, you can sue in the County Court.

Victimisation
If you can show that the reason for the unfavourable reference is that you had previously brought a discrimination claim against your former employer, then the bad reference is an act of discrimination by way of victimisation (see glossary).

Detriment in employment
If you were still employed at the time the reference was given, and you can show that the reason for the bad reference was a protected disclosure one of the things mentioned at sections 43M to 47E of the Employment Rights Act 1996 (things like whistleblowing, and exercising various statutory rights such as the right to time off for jury service, or the right to request flexible working), then you can ask an employment tribunal to award you compensation for an unlawful detriment in employment.

Defamation
If your former employer maliciously gives out false information about you, you could in theory have a defamation claim. Proving malice is likely to be difficult, and in most cases where you might have a chance of showing malice, you will probably be able to show negligence more easily. A defamation claim in this context will rarely be a good idea.

The above is based on the UK law.

One of the most common questions I receive over at Ask a Manager is what to do about a previous boss who is likely to give you a bad reference.

First, yes, it's legal for an employer to give a negative reference as long as it's factually accurate. It's true that some companies have policies that they will only confirm dates of employment and job duties and will not comment on the employee's performance—but (a) these policies are simply policies, not the law, and (b) good reference-checkers know how to get around them, by asking the candidate to arrange a direct call with the candidate's former manager.

So, what do you do if you think a previous boss is likely to give you a bad reference? Simply not listing that person as a reference isn't enough; reference-checkers can call anyone you've worked for, or who might know you, even if they aren't on the list you provide. In fact, smart reference-checkers will make a point of calling people not on your list, because presumably you've only listed the people most likely to present you in the best light.

But don't panic. Here's what you can do:

Call your old boss and ask if she'd be willing to reach an agreement with you on what she'll say to future reference calls. It's at least worth a shot—the worst that can happen is that she'll say no. When you call, say something like this: "I'm concerned that the reference you're providing for me is preventing me from getting work. Could we work something out so that this isn't standing in my way?" Employers who either (a) take pity on you or (b) are terrified of lawsuits may be willing to work something out with you. Also, if relevant, it won't hurt to soften her up a little first by telling her that you've learned from the situation, appreciate the chance she gave you, etc.

If you think the reference your boss is providing is factually inaccurate, skip her and go straight to your old company's HR department. Explain that your boss is giving an inaccurate reference for you and that you are concerned she is standing in the way of you obtaining employment. HR people are trained in this stuff, will be familiar with the potential for legal problems, and will probably speak to your old boss and put a stop to it. (If it's a small company and there's no HR department, contact the old boss directly and politely explain that she's exposing her company to legal risk by defaming you and jeopardizing your ability to gain employment.)

If all else fails, you may need to simply warn prospective new employers that the reference won't be a good one. And you do want to give this warning, because it allows you to provide context and framing for what they might be about to hear. If you don't, they may never tell you that the reference is why they rejected you, so the time to speak up is before they place the call. How you explain it depends on exactly what's behind the bad reference, but your goal is to put it in the best possible light. For instance, if your relationship with your boss soured after a particular event, you could say something like, "By the way, I had glowing reviews from my boss at that job, but our relationship became strained toward the end and I worry that it could color that reference." Be prepared for questions about what caused the strain, of course.

You can also offer up former coworkers, clients, and others who can speak to your work, and even old copies of performance reviews if you have them. Sometimes the mere offer of these things will provide the reassurance employers are looking for.

Found this as well hope it helps, good luck.

>30< helps with HR advice and with roofing advice as well. Is there anythign we dont do???

wow thanks for your help guys.im definatley going to look into things and get my situation with them straighten out ..you guys ROCK! thanks a bunch again