How to challenge a bad recommendation

When applying for a new job you are denied because of the negative feedback former boss, do not despair - you can legally Chief silence.

Vladimir retired from the major Moscow trade network.When applying for a new job, he was denied without explanation.He tried to go to another company, but there heard the refusal, however, supported by "advisory" letter from his former boss.In a letter to Vladimir called irresponsible, inexperienced, and even accused of theft, and with vague hints that such facts have been.

Vladimir asked for permission to make a copy of this letter.In addition, he led his counter.In its executive summary it means that he is already 12 years in the trade sector in positions similar to the one he wants to take, so inexperienced it is difficult to call.Plus, the employee said that his conflict with the chief wore a personal nature and no evidence of embezzlement.And about the irresponsibility he advised to call in all the company's significant in his job, but not only in the last place of work.

After that Vladimir turned to the lawyer, who confirmed that the letter contains a threat to the honor and dignity of a citizen, and a copy of it, they went to the former employer to cease such actions, or subsequent calls to the court.Former chief went back out on the advice of his lawyers.Moreover, he has now sent a letter of apology to the recent subordinates.

Thus, in this case, the employee felt that the description of its business performance was untrue, plus there was a personal conflict, so he rightly addressed with a claim to the former head of demanding an end to such actions or deny this information.And the refutation had to do according to the rules in the same form.

If everything went in a different scenario and the chief did not respond, then the employee would be entitled to apply to the courts.According to the law of the Russian Federation your honor and dignity suffered, unless you publicly accused, that is, if the information had access to more than two people.In person this right does not apply.But in this case, a letter arrived addressed to the owner of the organization, and it's the same as if it were published, or it would have sounded on the radio.

If an employee somehow learns that hurt his honor, dignity and business characteristics, he can sue, even without naming specific individuals from whom information was received.It would be enough already that he heard this information from a specific source such number.And there it has to be considered as the injured party, and look for evidence of libel, take statements from former colleagues, to hear the arguments of the chief.All of this is seen in the normal adversary proceedings.

Sergei Orekhovskiy, a lawyer, an expert on labor disputes

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