Personal letters of reference

[ELK]

What is the name of your state? CA

I have had issues with Exempt salary to Non-Exept salary employee. The company downsized - The person who was in my position before did not cut it so they demoted her to the position I was in. They created a position as an Assistant to Project Directors for me - I follow direction from the senior management and fill in while my bosses are on vacation and I get final approval from my other bosses to carry out what needs to be done. I brought the Exempt/ Non-Exempt to their attention as soon as I realized. My company agrees that I should be non-exempt. We have had issues with them paying me for the past overtime.
They asked me to add more duties and become part of client services for our facility. I agreed.

The issue is - My employer has now lowered my salary by $9,000.00 saying that this is a clerk's postion. I realize that that can not be changed.

I am not sure what I will do as I cannot take out $9,000.00 of my personal budget. I asked THREE management members to write a personal letter of recommendation. One manager wanted to make sure that this was appropriate and his job would not be harmed so he asked HR. The other two were happy to comply. I have three bosses two Project Directors and the VP of the Co. The VP then told me that he was aware that I had been asking for referrals. He stated that the company will only give a letter of recommendation once I have turned in my resignation and asked what I wanted to do. He stated that I have the opportunity to wait until another position with in the co. opens up. I let him know that that was unlikely in the near future as the company has been strongly affected by the economic forcast. But I said I didn't know what I'm going to do because I just found out the day before about my salary drop. I have not asked anyone else since his talk to me about the references.

I signed an acknowledgemet of salary changed. Then wanted me to sign a paper that stated I've received all compensation regarding past OT due to me and upon acceptance of these checks I agree that the company no longer owes me any monies for past OT worked. I have not had a professional look at all of the hours and paperwork computing all of this. I asked to amend the sheet "To my Knowledge". The HR said yes the VP said no. The VP ask how we can resolve this. The HR person said that I need to sign this. She stated that I will not receive any monies if I do not sign and they have followed everything their lawyer had said. She stated forcefully you should sign this and started to get very aggitated and animated. The VP told her that HR needs to be impartial that she wasn't right now and maybe she should leave. She agreed she couldn't she was emotionally caught up in this and left the room & the meeting was ended. The VP later explained he didn't understand the paperwork it was between them and that we would start again this morning.

The owner came down to my area for another reason and then decided to talk to me in an impromptu meeting calling in the first manager he could find for a witness. He stated to me that he has had phone calls all day about letters of reference since the VP had counceled me and many employees feel uncomfortable because they will still be working here. I'm lowering their moral. I am quite and I don't have a sparkle in my eye right now, but I've not said anything negative about the company nor have I been beligerent. I have just asked for personal letters of recommendation and I stopped asking once the VP let me know. He then stated that it is the Company's policy not to give recommendation which is counter to what the VP of the Co has said.
Can an employer legally keep their employees from writing a personal letter of recommendation?

I'm feel as if I am being harrassed right now.

 

[Beth3]

Yes, the company can prohibit their employees from providing letters of recommendation. These are not personal letters of recommendation for which you're asking - they're professional recommendations and you wouldn't be asking for them from these individuals if they weren't senior managers with whom you work. Many employers don't allow anyone but HR to provide references and for good reason (there are legal liabilities involved.) Nor is an employer obligated to provide references or letters of recommendation in the first place.

No, you're not being harassed from what I can see - whether in the illegal sense or dictionary definition sense - but you do have an unfortunate situation that has been bungled and I do completely understand why you want to prepare to look for new employment and leave.

Let me give you a tip - letters of reference are worthless. Anybody can fake a company logo on a PC and type up a glowing reference and forge a signature. When job candidates hand them to me, I seldom even look at them. The better thing to have done was to go to these several individuals privately and ask if they'd be willing to let you use them as a reference, which means they'd be giving their permission for a prospective employer to call them about you after you interview for a job.

It's probably too late for that now as the situation has turned into something of a hub-bub. I don't know your organization but here's something you might consider doing to try and straighten things out, although there is some risk.

Go to the owner and tell him that you have truly enjoyed working there (lie if you have to) but given the very sizeable cut in pay, you find it absolutely necessary to at least attempt to look outside the company for something commensurate with the salary you were at previously. (Everyone understands financial need.) Tell him that if something opens up internally, you'll be delighted and more than happy to stay but since that's an unknown, you will at least have to take a look outside to see what's available and ask whether under the circumstances, he'd be willing to authorize HR or your boss providing a reference for you if contacted.

Since it's obvious to the owner and everyone else that you are looking (otherwise you wouldn't have asked for the reference letters), you really have nothing to lose by putting your cards on the table and addressing this straight-forwardly with him. From the little bit you're shared, he seems to be a reasonable guy and an honest approach like this from you can't hurt. After all, he could have fired you as soon as he discovered you were looking. The fact that he didn't do that and instead sat down and talked with you is a positive sign.

Good luck.