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Old 31.01.2019, 04:55
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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?
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Old 31.01.2019, 05:51
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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.
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Old 31.01.2019, 09:03
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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......
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Old 31.01.2019, 09:10
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Re: Potential employer ignored my reference reached out to their personal contact ins

What's the problem?

Tom
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Old 31.01.2019, 09:20
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Re: Potential employer ignored my reference reached out to their personal contact ins

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Sure it's legal and as you should know, Switzerland is very incestuous......
LinkedIn is very incestuous.
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Old 31.01.2019, 09:33
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Re: Potential employer ignored my reference reached out to their personal contact ins

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What's the problem?

Tom

Potentially everyone at the OP's current employer may know that the OP is looking to move to another job.
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Old 31.01.2019, 09:35
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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.
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Old 31.01.2019, 09:41
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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 I´ll ask them, better information IMHO. Sorry for you but that´s how it works often
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Old 31.01.2019, 10:24
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Re: Potential employer ignored my reference reached out to their personal contact ins

Das Leben ist kein Ponyhof.
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Old 31.01.2019, 10:32
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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.
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Old 31.01.2019, 10:58
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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)
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Old 31.01.2019, 11:21
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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?
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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.
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Old 31.01.2019, 11:30
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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.
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Old 31.01.2019, 11:55
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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.
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Old 31.01.2019, 12:36
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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?
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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.
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Old 31.01.2019, 12:46
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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.
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Old 31.01.2019, 12:59
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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.
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Old 31.01.2019, 13:04
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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?
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Old 31.01.2019, 13:08
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Re: Potential employer ignored my reference reached out to their personal contact ins

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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?
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Old 31.01.2019, 14:04
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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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