Inaccurate job references & Data Protection Act?

Question

I think my ex employer who is actually the Government is providing any prospective employer with inaccurate information in their references. I have asked them to let me see what they are saying about me but they refuse.

Can I demand to see using for example Data Protection Act as they are disclosing things about me without my knowledge/agreement to a third party?

Answer 1

It's a tricky one Steve. The attached link gives some useful advice:
http://www.employmentbuddy.com/tabid/537/Default.aspx
Your ex-employer will not have to supply the info, but you could make a request (you'll have to pay £10) for info held by one of the organisations to whom you have applied. They could get away with not supplying you with the reference if they feel it would breach a confidence or if it is not stored in a formal manner (an e-mailed reference counts as formal storage). If you are unhappy about the response you get you can complain to the Information Commissioner. (It's the Freedom of Information Act that you will be making use of.)

In some ways it might be easier to try to get a temp job to gain a more reliable referee.

Answer 2

\In the US, references are covered under the Fair Credit Reporting Act. And yes, I know that doesn't make sense, but that IS the law, just call the Department of Labor and ask.

The government is under no obligation to follow the laws they set up for the rest of us.

Have a friend pretend to be a prospective employer and call for a reference. Then you can find out for sure what is being said. Here are some things that are commonly asked in a reference check.

Employee title, wage, start date, end date, reason for separation, elible for re-hire, any special reason why/why not eligible. Can I talk to the direct supervisor?

Good luck

Answer 3

Unfortunately you do not mention what state you are in. For example, in New Jersey they would have to allow you to see your employee folder with written notice and they have 30 days to comply. What you can do is use a reference report checker. I have used in the past Alison & Taylor
(www.allisontaylor.com) when I had a feeling my last employer was giving me a bad reference and sure enough my instincts were correct. The reports start at $69.00 (I got the $99.00 check and would do it again.) I recommend this place to anyone in your situation. If it weren't for them I would have never found out what those low lives at my last job were saying about me and giving wrong dates of employment.