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Unsolicited job reference

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bxdxtx

Junior Member
What is the name of your state? Colorado

This is a bizarre situation, I'm not really sure where to post it. I recently graduated from school and a potential employer has asked me for references from two specific instructors. I sent the form to one of my instructors at school, not knowing that she had quit. When I didn't hear from her I called her and she told me she had quit and that she would call the school to have her mail forwarded. She then called and told me that the letter I had sent to her -- specifically to her name -- had been opened by another instructor who was not on my list of specified instructors, who then filled out the form and sent it in.

First question is if that was mail tampering -- I know employers have a right to open employee mail, but this was just another employee.

Second question is is it legal for someone to send a referral to a potential employer without my having asked that person to do so, and without that person telling me that they had done it. In addition, I wasn't supposed to get a reference from that instructor, the employer clearly told me they wanted a reference from the one I had sent the form to. It seems that the school overstepped its bounds by initiating communication with my potential employer; I signed a waiver saying the employer could contact whomever they wanted but I believe that meant that I was consenting to the employer initiating contact, not my school.

What are my rights here?What is the name of your state?
 


cbg

I'm a Northern Girl
I'll let someone else address the first question; law regarding this issue is evolving and I haven't kept up.

In your state, and in most states, they are not required to have your approval before someone can offer a reference. They can ask anyone they like whether you've specifically approved the individual or not.

If the instructor in question was no longer there, it was within the school's authority to have someone else respond.
 

JETX

Senior Member
bxdxtx said:
First question is if that was mail tampering -- I know employers have a right to open employee mail, but this was just another employee.
Based solely on your post, no, it wasn't.
Presumably, you mailed it to the school address (even if you ATTN'd it to a specific person). As such, the mail obligation to deliver and 'tampering' becomes moot once it was delivered to the listed ADDRESS. This is no more criminal mail 'tampering' than you opening your spouses mail, or her yours, delivered to your common address.

Second question is is it legal for someone to send a referral to a potential employer without my having asked that person to do so, and without that person telling me that they had done it.
Absolutely. Heck, if I knew the name of your potential employer, I could call and give you a bad reference (or any reference at all). It would up to your potential employer to consider my 'comments' or not.

What are my rights here?
'Rights' to do what?? From your post, it looks like you are another spoiled brat, who insists that the world should work the way you want.... and when it doesn't, whines and cries about how unfair life is. Sorry, this is NOT a ticket into the 'legal lottery'. :eek:
 

bxdxtx

Junior Member
Um, I'm not looking for a legal lottery, I'm not the slightest bit interested in taking any kind of legal action whatsoever. I'm quite sure that the reference I got was fair and accurate -- even if it was for a class that had absolutely nothing to do with the job. The school has a reputation for pulling sucker punches on students though, and at one point things got so sticky that the instructors were not even allowed to talk to anyone about any student. Apparently, boundaries were crossed. So, I have reason to be concerned.

I am one of the few students that has managed to form a good relationship with them -- mainly by communicating openly when it is warranted and keeping my mouth shut when it is not -- however unfair things seem to be. This is a gray area though and with this school you just never know what they're going to do. So I wanted to know if I should even address this, if I had a right to ask the school for a copy of the reference and a right to ask them to inform me if they plan on doing this kind of thing in the future. And I wanted to know before doing so if that was a reasonable request. Apparently it isn't. Thank you for 98% of your advice. :eek:
 

cbg

I'm a Northern Girl
In your state (and your state is one of VERY few that permits this) IF they provided a WRITTEN reference, you are entitled to a copy of it on request. However, since no laws appear to have been violated, I'm not sure what good it's going to do you.
 

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