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Help! Negative work reference caused loss of employment.

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Arresto Menor
I badly need legal advice. I am currently unemployed. I resigned 5 months ago due to family matters. A month ago I applied and got accepted by a company abroad, and as part of their pre-employment checks, they requested for work references from my previous employers. All is well and my visa process was suppose to commence, until the Australian company sent me a correspondence saying that I did not pass the pre-employment check and they wont be continuing with my application anymore. I asked for the reason why, but due to confidentiality rules, they just told me to approach my references and ask them regarding the info that they sent on my reference forms. I still expressed my interest on pursuing my application with them and informed them that I would do anything to make myself reach the standards of their pre-employment checks.

I approach all my references, and found out that the day after I the Australian company refused to continue my application, they sent a confidential inquiry to the Department VP of my most recent employer requesting for clarification regarding an employee, who was not part of the list of my work references, who sent them unsolicited information about me saying that I was supposed to be dismissed from the company as per a notice of disciplinary action issued to me during my employment with them. They are seeking clarification because all my references from that company and all my previous work places spoke well of me and they think it might be an issue of fraud. The VP of my department escalated the inquiry to the HR department. The HR department investigated and found out that all my records were clean, and no problems occurred from the time I was hired to the time I resigned. These info were sent by the HR department to the Australian company. I am still waiting for them to reconsider my application as of the moment.

I want to file a complaint against the manager who gave unsolicited, negative and worse, untrue work reference about me. I just don't know how to go about it. I tried reading online about negative work reference by bully bosses. It says that I could file a complaint on the grounds of defamation. But the references that I read were from other countries and not the Philippines. I want that manager to be reprimanded coz with what he did, I am losing my chance on a good future and I already invested a lot on this job abroad (licensure exams, qualification trainings).

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2 BUMP on Tue Sep 09, 2014 8:39 am


Arresto Menor
curious what happened to this case

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