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-   -   Potential employer ignored my reference reached out to their personal contact instead (https://www.englishforum.ch/employment/289660-potential-employer-ignored-my-reference-reached-out-their-personal-contact-instead.html)

ehex 31.01.2019 04:55

Potential employer ignored my reference reached out to their personal contact instead
 
I just found out a potential Swiss employer I had been talking to ignored the reference to my old job here in Switzerland I gave them and instead, reached out to a personal contact ex-collogue of mine they knew about me who in turn referred them to speak to someone else at my old work.

Wondering if this is legal as I know references are an interesting topic here in Switzerland, but I have never heard of this happening so blatantly (ignoring reference I gave, reaching out to ex-collogues instead through personal connections). Anyone know what I could do?

Plau Deri 31.01.2019 05:51

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Something similar happened to me only once in Switzerland, and I declined that job swiftly, as soon as I got wind of it. My logic: If a potential employer screws with me even before a contract is signed, it can only get worse, once you signed your life away to that employer.

If I were you, I'd proceed with caution.

Guest 31.01.2019 09:03

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Sure it's legal and as you should know, Switzerland is very incestuous......

st2lemans 31.01.2019 09:10

Re: Potential employer ignored my reference reached out to their personal contact ins
 
What's the problem? :confused:

Tom

Blueangel 31.01.2019 09:20

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Sure it's legal and as you should know, Switzerland is very incestuous......
LinkedIn is very incestuous. ;)

k_and_e 31.01.2019 09:33

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by st2lemans (Post 3035958)
What's the problem? :confused:

Tom


Potentially everyone at the OP's current employer may know that the OP is looking to move to another job.

bowlie 31.01.2019 09:35

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Which would you trust? A reference given by the candidate or a reference from somebody you know and trust?

Unless the comment was libellous you have no legal recourse. And proving that would be very difficult.

But it would be impossible to reverse the employers decision. Thats my opinion.

roegner 31.01.2019 09:41

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by ehex (Post 3035920)
I just found out a potential Swiss employer I had been talking to ignored the reference to my old job here in Switzerland I gave them and instead, reached out to a personal contact ex-collogue of mine they knew about me who in turn referred them to speak to someone else at my old work.

Wondering if this is legal as I know references are an interesting topic here in Switzerland, but I have never heard of this happening so blatantly (ignoring reference I gave, reaching out to ex-collogues instead through personal connections). Anyone know what I could do?


Have done the same, if I know someone who worked with the candidate Iīll ask them, better information IMHO. Sorry for you but thatīs how it works often

SwissBred 31.01.2019 10:24

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Das Leben ist kein Ponyhof.:msncrazy:

Guest 31.01.2019 10:32

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by ehex (Post 3035920)
Wondering if this is legal as I know references are an interesting topic here in Switzerland, but I have never heard of this happening so blatantly (ignoring reference I gave, reaching out to ex-collogues instead through personal connections). Anyone know what I could do?

Just because you've not heard of it before, doesn't mean it doesn't go on.

Same works in a positive direction by way of recommendation. You get hired because someone knows someone who knows someone who knows you and is familiar with your work history.

And it's certainly not unique to Switzerland. ;)

Ludmilla 31.01.2019 10:58

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by Plau Deri (Post 3035922)
Something similar happened to me only once in Switzerland, and I declined that job swiftly, as soon as I got wind of it. My logic: If a potential employer screws with me even before a contract is signed, it can only get worse, once you signed your life away to that employer.

If I were you, I'd proceed with caution.


Unless you specifically asked to treat your application as confidential, I don't get how this is "screwing with you", if you apply for a job obviously the person hiring you has the right to find out what you are like at work, so if they know somebody who knows you why should they not ask them? (especially since the references you give yourself have very little information value since you are obviously going to name somebody who will give you a positive review)

Jim2007 31.01.2019 11:21

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by ehex (Post 3035920)
I just found out a potential Swiss employer I had been talking to ignored the reference to my old job here in Switzerland I gave them and instead, reached out to a personal contact ex-collogue of mine they knew about me who in turn referred them to speak to someone else at my old work.

Wondering if this is legal as I know references are an interesting topic here in Switzerland, but I have never heard of this happening so blatantly (ignoring reference I gave, reaching out to ex-collogues instead through personal connections). Anyone know what I could do?

Quote:

Originally Posted by Plau Deri (Post 3035922)
Something similar happened to me only once in Switzerland, and I declined that job swiftly, as soon as I got wind of it. My logic: If a potential employer screws with me even before a contract is signed, it can only get worse, once you signed your life away to that employer.

If I were you, I'd proceed with caution.

You two need to grow up! In the real world no one is going to stick their neck out for you without checking you out as best they can and that includes using their contacts. You can also expect that your future work colleagues will use their contacts to check you out once they hear you are joining them and that may also get back to your future employer as well.

You live by your reputation so take care of it because you can’t control the situation, so take care of it.

amogles 31.01.2019 11:30

Re: Potential employer ignored my reference reached out to their personal contact ins
 
There is an anecdote doing the rounds about a guy who had fallen out with his boss and thus started to hunt around for greener pastures and started off by talking to a recruitment agency. They looked at his skill profile and said, we have the perfect job for you. So they set up a first interview and imagine the horror when he walked into the room and met his current boss.

Squeeeez 31.01.2019 11:55

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Once had a potential landlady phone around our neighbourhood asking our neighbours what we were like.
Nope, we didn't accept her offer.

Urs Max 31.01.2019 12:36

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by ehex (Post 3035920)
Wondering if this is legal as I know references are an interesting topic here in Switzerland, but I have never heard of this happening so blatantly (ignoring reference I gave, reaching out to ex-collogues instead through personal connections). Anyone know what I could do?

What makes you think you can limit who they talk to?
Quote:

Originally Posted by k_and_e (Post 3035971)
Potentially everyone at the OP's current employer may know that the OP is looking to move to another job.

The way it's worded OP is no longer at the old job. At least that's how I understand it.

Blueangel 31.01.2019 12:46

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by Jim2007
You can also expect that your future work colleagues will use their contacts to check you out once they hear you are joining them and that may also get back to your future employer as well.

My former director used to conduct local interviews in his fishbowl office.

One time, he was interviewing a potential new middle manager, when half of the team that the woman would be working with, complained to our Ops manager. Turned out that several of the team had worked with her before, and a few of them had left their previous employ because their formal complaints about her behaviour had gone unheeded. She didn't get the job.

curley 31.01.2019 12:59

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by ehex (Post 3035920)
I just found out a potential Swiss employer I had been talking to ignored the reference to my old job here in Switzerland I gave them and instead, reached out to a personal contact ex-collogue of mine they knew about me who in turn referred them to speak to someone else at my old work.

Wondering if this is legal as I know references are an interesting topic here in Switzerland, but I have never heard of this happening so blatantly (ignoring reference I gave, reaching out to ex-collogues instead through personal connections). Anyone know what I could do?

To answer the actual question: No it is not legal.

Candidate offers people who can give a reference AND entitles that person to actually give that reference and to whom.

German info
Swiss data protection act (English) where you find Art. 3c, f mentioned in the German paper.

The problem here is the "Durchsetzbarkeit" (enforceability). You sue them, it will take for ever, what do you gain?

A future employer ignores basic laws easily - they are either incompetent in their job or ignorant. You wanna work for them?

It's one of these things not really worth getting angry about, I say. I remember I had people referring to abilities of mine where I asked "what would make you believe that?!" and they admitted having called Mr. X.
It works both ways. :D

roegner 31.01.2019 13:04

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by curley (Post 3036089)
To answer the actual question: No it is not legal.

Candidate offers people who can give a reference AND entitles that person to actually give that reference and to whom.

German info
Swiss data protection act (English) where you find Art. 3c, f mentioned in the German paper.

The problem here is the "Durchsetzbarkeit" (enforceability). You sue them, it will take for ever, what do you gain?

A future employer ignores basic laws easily - they are either incompetent in their job or ignorant. You wanna work for them?


And what if the candidate does not give any references?

curley 31.01.2019 13:08

Re: Potential employer ignored my reference reached out to their personal contact ins
 
Quote:

Originally Posted by roegner (Post 3036092)
And what if the candidate does not give any references?

Then employer has to ask for some - or refuse to continue on the application.
Works both ways, why would an employer want to employ someone who doesn't give references? :)

Landers 31.01.2019 14:04

Re: Potential employer ignored my reference reached out to their personal contact ins
 
I've never listed any references. Usually it's all word of mouth. It is unfortunate however if someone has established not such a good reputation early in their career as the stuff often sticks no matter if they've made amends since then. It's also not so much fun when all your colleagues start saying "so I heard you applied to work at so-and-so".
I worked with people I would gladly give a good reference to but I also know people who would (want to) give them a bad reference. The references given gy the OP should count for something, if not everything.


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