Employer Retalition Due To Networking

[Chloe9987]

What is the name of your state? CA
Two days ago I officially put in my two weeks with the company I currently work for. When asked why I was leaving, I told them I received a better job opportunity. When they asked how I found out about this new job, I stated my previous boss who worked at my current company for 14 years, had given me a good reference to the new company I will be moving to, which she happens to work for now. She is currently in the process of also getting a new job and had listed my current boss as well as our regional manager for a job reference. When I was speaking with my boss about putting in my two weeks, he mentioned my previous bosses reference inquiry in our phone call, saying she must not be happy at this new company because she’s looking to leave. Fast forward to two days later, she has not received a reference from either manager and has tried to contact both of them, the regional manager kept saying she was busy and said she would call today, but didn’t. Is this a form of retaliation due to my current managers being upset with her for referring me to a new job? Is this legal? They have given her references before promptly and they have always been positive. All in all, my decision to leave the company is not her fault, so why are they retaliating towards her? Any advice would help, thank you!

 

[doucar]

It could be, no way to know for sure. But it is not illegal to not provide a reference to a new employer.

 

[xylene]

It's not illegal, and it isnt your peoblem, but there is a lesson here... hold it a little closer to the vest. Don't answer probing questions.

 

[eerelations]

It could be, no way to know for sure. But it is not illegal to not provide a reference to a new employer.

Nor does it constitute illegal retaliation.

 

[cbg]

'Retaliation' is one of the current buzz words that people like to throw around but which few people actually understand. Very little of what the average Joe or Josie thinks of as retaliation is actually illegal. It would be retaliation if you got fired for setting fire to the boss's office but that would sure as heck be legal. This may or may not be retaliation but even if it is, it is 100% legal. With a very few industry-specific exceptions that do not apply here, your employer has no legal obligation to ever provide job references. They can take their sweet time and refuse altogether and even if they came straight out and said, "We're not going to provide a job reference because we didn't like your referring Chloe9987 to a new job" and there wouldn't be a darned thing illegal about it.

 

[Taxing Matters]

Nor does it constitute illegal retaliation.

Right. The keyword being illegal. Not all acts of retaliation or discrimination by an employer are illegal. Indeed, most retaliation is perfectly legal. When it comes to retaliation, it is generally illegal only when the retaliation occurs because the employee engaged in some protected activity, like complaining about illegal discrimination, unsafe working conditions, etc. Nothing of the sort is involved here. It is, IMO, petty by the employer to play the passive/aggressive game by withholding a reference to the ex-employee over this, but it is nevertheless legal.

 

[cbg]

Assuming that they even are withholding it. The OP is assuming it's being done deliberately and maliciously, but there's really no evidence that it isn't just a low priority item that no one's gotten to yet.

 

[PayrollHRGuy]

There is also the fact that there is no requirement for anyone to provide a reference in the first place.