probably! But this information does not replace technical legal advice on your situation. If you would like additional advice or if you intend to obtain a transaction agreement, contact Truth Legal to agree to a free, non-binding consultation with a lawyer. The first, which is unusual, is when the employment contract has an explicit clause stipulating that the employee is entitled to a reference. The second option arises when a clause in the contract is implied, for example. B because the employer has traditionally given references in the past to workers of similar level. Third, an officer or person of authority assured the employee that a reference would be indicated. The fourth is the fairly frequent situation in which a worker who withdraws as a result of internal litigation receives a referral as part of a transaction agreement. Finally, there may be a regulatory obligation for the employer to give a reference, which may require specific information. Let`s start with the obvious question: what is a transaction contract? You should seek legal advice if you feel your employer has provided a misleading reference to you. If so, swift action is important to protect your legal position. Quantrills` labour lawyers can help.
Discuss your concerns with your work employee. If your co-workers have the same dispute with your employer, a transaction contract may not be the best solution. It may be recommended to discuss the problem with your colleagues. Ask your representative or the school or university office for copies of relevant workplace guidelines, for example. B salary guidelines, fitness procedures, dismissal directives. There are five exceptions in which a worker can be aboding to constitute a legal right to a reference. The main advantage of an employer when signing a transaction contract is that the worker will not be able to bring an action by the labour tribunal against any form of right in the agreement. A valid agreement eliminates the risk of litigation for the employer. If you. B usually provide short and factual references, but whether you choose to provide detailed information about the candidate`s deplorable performance, the key question will be why you did this.
If you are suspected of doing so because of the applicant`s gender, race, age (or other protected characteristics) or because you have filed a previous discrimination complaint, you may face discrimination or victimization action. Fortunately, most employers do not use the privileged position they have in providing references as a vengeful tool. But that doesn`t mean there are no conflicts, because you may find that an employer`s perception of your skills at work was not the same as yours. If you want to argue with your employer and leave your job, a transaction contract might be the best way to ensure the cheapest outcome. Some transaction agreements simply state that a “standard reference” is provided on request. This implies a very simple reference to the professional title and employment data. This means that the reference must be objectively correct and not be maliciously or negligently constituted, so that it gives an impression that is either negative or misleading.