I would not go down that legal path at this stage because (1) it's going to cost you whatever the outcome (2) it's going to be hard to prove anything because (I assume) you don't know exactly what was said and (3) what do you get at the end of it? Are you going to sue them for defamation? Your objective is to make sure they don't keep doing this.
 
Here's a suggestion. Get a mate to call up pretending to be a recruiter or potential employer and ask for a reference. Make sure you take down word for word everything said (it is illegal to tape a telephone conversation surreptitiously, so I am not going to suggest you do this ;-) This achieves 2 things, one you have a transcript, two you have an independent witness. Now, if you feel the reference is defamatory, at least you have something to proceed with.
 
If you think you have a strong case, you might want to pay for a lawyer to help draft a stern letter to lodge an official complaint. If you go to one of the suburban lawyers to do this it shouldn't cost too much just to draft a letter. Even better, if you have a friend in the legal profession who'll do it for a few beers. Or you could just write it yourself. This letter should state your case based on what a potential employer has told you about what they said, and warn that unless they cease and desist making defamatory remarks and stick to the facts, you will have to take the matter further because their actions are depriving you an income. How strong you can push this depends on what is actually said. Make sure the tone of the letter is factual, detached and impassive, with no strong language or emotion. Copy this letter to the head honcho of the firm. Send the copies separately by registered post with return confirmation marked private and confidential.
 
Likely outcome is (1) this person will at least get into some trouble in the company because no business wants to receive a writ (2) they will now be extra careful what they say because it could get back to you. Mission accomplished.
 
I am not a lawyer, so this advice is free.
 
Regards: Ayudh
 
+--------------------------------------------------------------+
| Turn on your Revenue Stream...                               |
| Bolt on a Virtual Cash Register to your e-commerce site now. |
| VeriPay from Xilo Online: http://www.xilo.com                |
+--------------------------------------------------------------+
----- Original Message -----
From: Taco Fleur
Sent: Monday, February 10, 2003 20:59
Subject: [cfaussie] [OT] Question: Work Related

I have a question, or rather yet I would appreciate some feedback on the following.
 
I have a serious issue with my previous employer, the problem is they gave me a bad reference while I can seriously proof that I performed my duties in a professional manner.
The problem is that the Department manager never really liked me.
 
I have no problems with someone not liking me, that is their business, but in this case it caused me to loose a job, and possible future jobs as I have now got:
1. A bad reference for a working period of 8 months
2. A job where I only worked 1 week
 
My question is, does anyone think I should take this further, i.e. talk to legal aid and get them to rectify this situation, or should I not bother?
 
Any feedback is appreciated.
---
You are currently subscribed to cfaussie as: [EMAIL PROTECTED]
To unsubscribe send a blank email to [EMAIL PROTECTED]

MX Downunder AsiaPac DevCon - http://mxdu.com/
---
You are currently subscribed to cfaussie as: [email protected]
To unsubscribe send a blank email to [EMAIL PROTECTED]

MX Downunder AsiaPac DevCon - http://mxdu.com/

Reply via email to