Reference agreement a binding contract?

[pros30]

So if an employee is terminated or separated and they reach an agreement with a company that people at the company or who represent the company only agree to release dates of employment information.

What happens if a Manager at the company gives the former employee a bad reference and they do not get a job? Or What happens if a manager gives his opinion to another employer. Is this a violation of contract? I know its not defamation to give his opinion.

 

[cbg]

That depends on whether or not the "agreement" is worded in such a way as to represent a legally binding contract.

 

[jlglaw]

As above poster suggests, you really need to be a bit more specific as to the agreement in determination of whether or not its binding. If it is binding, it sounds like a breach of the contract by an agent of the company (given the limited facts you have provided)

Sent from Nexus 5 on Slimkat

 

[cbg]

I must say, the poster here seems awfully certain that she's going to be fired AND given a bad reference, which really makes me wonder what she hasn't told us.

 

[Betty3]

You might consider taking the agreement to an employment or contract attorney in your area for his/her opinion as to whether it rises to the level of a binding employment contract.

 

[Betty3]

I must say, the poster here seems awfully certain that she's going to be fired AND given a bad reference, which really makes me wonder what she hasn't told us.

Agree, cbg. ......................

 

[army judge]

So if an employee is terminated or separated and they reach an agreement with a company that people at the company or who represent the company only agree to release dates of employment information.

What happens if a Manager at the company gives the former employee a bad reference and they do not get a job? Or What happens if a manager gives his opinion to another employer. Is this a violation of contract? I know its not defamation to give his opinion.

If you were terminated, any subsequent agreement would be of value to the comapny, why?

Normally companies don't negotiate such agreements, despite what you may be told.

For the agreement to be a contract, what consideration does the company receive for not telling the truth?

 

[pros30]

Thanks, I'm just reading the employee manuals etc. and read elsewhere its possible to negotiate a agreement for a neutral reference in exchange that I agree not to work for a competitor or take away one of their clients or release any other sensitive info etc...

I think its a matter of if the company is spreading negative word about me that they believe to be true, then I can do that as well, with documents and other info I have. So there may be some leverage here.

 

[cbg]

Those references you're referring to are usually after there has been a lawsuit and a settlement, not when an employee goes all paranoid.

You haven't even been termed yet. Heck, they haven't even threatened to term you, and you're already planning your extortion attempts.

 

[army judge]

Thanks, I'm just reading the employee manuals etc. and read elsewhere its possible to negotiate a agreement for a neutral reference in exchange that I agree not to work for a competitor or take away one of their clients or release any other sensitive info etc...

I think its a matter of if the company is spreading negative word about me that they believe to be true, then I can do that as well, with documents and other info I have. So there may be some leverage here.

Yeah, those uhm, special deals; they go to SPECIAL people.

You know, like those names people whisper, and their faces you only see in portraits, yeah, special people.

Now, if you're a clerk, even a middle level, lackey manager, you're getting one thing: shown out to the nearest exit door.

Severance packages aren't paid to drones, toiling away at some thankless, repetitive task.

 

[ElleMD]

Be very very careful about saying anything negative about the company and ESPECIALLY using any company documents. That can get you in legal hot water whether there is an agreement or not. It is also very likely that any future employer would be put off by you doing this as they might rightly fear you will do it to them as well. Your company already has legal remedy if you use what you know about them against them. They don't need an agreement promising to give a name, rank, serial number reference. They aren't gaining anything or giving up anything by making such an agreement with you. Not to mention using threats to get what you want out of them is also illegal and can land you in hot water. Your best bet is to line up some references now who can vouch for your abilities and skills.

 

[cbg]

Particularly for people who have not even had a threat of termination yet and whose employers have yet to do anything that even remotely touches on illegal.

 

[army judge]

Ok, So I inquired and found a local attorney who gave me a short phone consultation. I told him about my situation and he said he that it is possible to negotiate an agreement for a neutral reference or what information about a former employee will be released by the company. He said this is usually a strong agreement, but he is not sure how strong it would hold up in court as a binding contract, but he has never got to a situation where it has gotten that far.

In terms of severance he said don't expect a big pay day, but it is possible to negotiate for around 6 - 8 weeks maybe more instead of the standard two weeks.
I asked him about some of the tough advice I got on this forum, he chuckled and said "Lawyers don't like to give out their secrets and strategies for free!!!"

Okay, so you can leave now.

We really don't care what you do, or who you do it to.

We aren't the government, the courts, or the police.

Go SCAM your employer, but you're no longer welcome here.

Here's a secret, I've just BANNED you forever.


Now, RUNTELLDAT!!!