Employer - Breach of Settlement Agreement

[LAlexander7]

Hi,

My previous employer has provided a reference to my current employer which was not agreed in our settlement. We had Name, JT and Dates and a line about factual references.

I've looked at my background check in my current employer and I can see they've provided, salary, information about integrity, honesty etc and weaknesses/strengths and a note about rehiring, and reason for leaving.

I've passed the background check. and the reference provided was a positive one, it still wasn't what was agreed so it has come as a shock.

Q is, do I do anything with this or do I just leave it?

Do not do anything. Next time you need a reference remind them of the agreement. No benefit at all raising it now,

Well exactly - there is nothing to stop them giving an "off the record" telephone reference, seeing as they have such scant regard for a legally binding agreement. Might be worth a quick email or call to the employment lawyer who did your settlement agreement, to see where you stand? I doubt they would charge you for it.

Heaven help us if expecting a company to adhere to the terms of a mutually agreed legally binding agreement is considered "making a drama" and "causing a huge over reaction". Why bother drafting agreements at all in that case?!

@Gemma2019

Heaven help us if expecting a company to adhere to the terms of a mutually agreed legally binding agreement is considered "making a drama" and "causing a huge over reaction". Why bother drafting agreements at all in that case?!

If they’d breached something that had had a negative impact on the OP; if she had suffered any loss in any way, I would be the first to say come down on them like a ton of bricks.

But being “livid” (not the OPs words I know) over having received a more positive reference than they are obliged to give is certainly unnecessary drama. Good grief.

@Gemma2019

Well exactly - there is nothing to stop them giving an "off the record" telephone reference, seeing as they have such scant regard for a legally binding agreement. Might be worth a quick email or call to the employment lawyer who did your settlement agreement, to see where you stand? I doubt they would charge you for it.

Why bother incurring legal fees though, that's bonkers!

Talk about making problems for yourself. Therein madness lies.

Let's face it, a Settlement Agreement can be breached by either side, there's nothing to stop the OP slagging off their previous employers for being bullies, incompetents, etc etc, and the likelihood is that the company will never get to know. I'm not saying that's the right thing to do (it would be ill -advised), but to your point, hypothetically there's nothing to stop the company having an off the record convo with the HR Dept of the new company (again, ill -advised, and could be traceable as to the reason the OP doesn't theoretically receive a job offer). No Settlement Agreement is 100% locktight.

You don't bother wasting time and effort fighting something, just because you can on the basis of whatifery - you use some intelligence and common sense to selectively decide it just.isn't.worth.it!

Believe me the MN mythical 30 mins free advise, isn't always the case. Even a letter to the company to slap their wrist will be £50!

”You don't bother wasting time and effort fighting something, just because you can on the basis of whatifery - you use some intelligence and common sense to selectively decide it just.isn't.worth.it”

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That would hack me off big time, OP

I would esend them a reminder