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Old 08-22-2011, 02:09 PM   #1
Futfwrca

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Default Employment Law - References
My partner recently resigned from her job when she was suspended for E-mail misuse, they wanted her out anyway as the atmosphere between her and her supervisor was frosty due a company wide acceptance that her boss was inferior to her. (I know this for a fact since my company is contracted to hers).

I put together what I believe to be a watertight resignation letter, based upon several issues, primarily that if she were to resign now, the disciplinary process be cancelled and that any reference supplied by the company was based on previous job performance and not "Resigned under suspension".

They accepted this resignation letter I drafted but I'm still curious if they can negate on this 'deal' that we essentially offered them, considering they accepted the resignation without any amendments or comment.

Thanks
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Old 08-22-2011, 04:22 PM   #2
cewIdeatovace

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Is it even legal to put "resigned under suspension"? I know we can't legally give a bad reference. The worst we could do to someone who walked out and left us in a complete pickle was give a reference of "We can confirm that so and so worked here between that date and this date.
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Old 08-22-2011, 04:54 PM   #3
Futfwrca

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Thanks, I've been doing a bit of research and received multiple opinions.

As far as I can tell you cannot give a negative reference but you can refuse a reference.

My question is will they still give her the positive reference she deserves based upon her performance prior to the allegations against her as per her resignation letter?

Edit:- In answer to your question I've read several employees have received a reference of "Resigned during disciplinary process" which is why I made sure her letter stated that the disciplinary process be cancelled and that any reference requested should be based on performance prior to this.
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Old 08-22-2011, 05:05 PM   #4
cewIdeatovace

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My question is will they still give her the positive reference she deserves based upon her performance prior to the allegations against her as per her resignation letter?
That would depend on who writes the reference and how she approaches them. Email misuse is hardly the crime of the century so personally I wouldn't let it affect the reference. It's one of those things people tend to get disciplined for to set an example and show that the company means what is says in the employee handbook.
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