Question: I have a query about my dismissal. I started a new job in Nov 2008. The employer told me it is a self learning job (which means no training at all.) I was contracted out to company x, and at the end of Feb 2009, I was invited for a lunch by my employer, and he wanted a chat. I went, and he said he isn’t very happy, because the company to where i am contracted out to, isn’t happy with my performance. It slowed down, but there were valid reasons for that. Personal issues.

So, in March, I tried very hard and think i did well after the “chat”, so i was called in for a meeting again at the end of March 2009. The employer said, well, he isn’t happy again, and he doesn’t have any more contract work for me. (How it works, I work permanently for company y, and is contracted to company x).

Anyway, I asked the employer, what now. And he said I have two choices, or I resign or he gives me a letter, in which he states the facts of “poor performance” etc, and he no longer want my services.He gave me the night of the 31st to think what I want to do. So, the next morning, 1st April, i went into work. And my mind was made up, let the work give a letter where he states why I am leaving. So, I told him that, and he said, well, if someone asks for references, it will be all about poor performance. My girlfriend told me, he can’t say anything bad towards me at all, because that is law. (is that true ?)

So, after a lengthy thought, I said to him, well, for the best for my future, let me type a resigning letter (stating that april 2009 will be my last month). In fact, he forced me that way, because I didn’t want to have bad references.

Now, I read the poor performance section on the labour law and was actually shocked. The company got rid of me, and after i asked them for booklets and documentation, and help, nothing happened from that.

Now, my question, can i go to my “ex” work, and ask them to change my discussion from resigning to let them give me a letter why i am not employed any more?

And secondly, can he get rid of me, and not having one written warning of any sort, but only verbal advise “that he still believes in me, and i must pull up my socks and work like never before in march”.

This is really a sad case, I worked very hard, tried hard, but not enough at all. I was forced to resign, and now am jobless.

And thirdly, I was called in the first time for:

a) my personal life that I chat about
b) that I ask to many questions, because i don’t know, and when I ask questions, I write all advise down.

And secondly, for calling the second person on support to much. Because I want advise, but that isn’t allowed. Is that valid reasons for ask for a resignation?

Answer: This is a very old tactic used in HR as in essence it is a forced resignation and threat of dismissal and poor references. In fact, I have mastered this tactic and use it often. This is the unfortunate reality of the business world and of seasoned HR practitioners. To answer you, no the law states that no-one may be given a negative reference but rather a standard certificate of service. So, yes, for once your girlfriend was right.

Unfortunately for you, you went the route they wanted you to and resigned. By typing a “very nice” resignation letter, you helped the Company greatly as it would be very hard for you to now claim constructive dismissal. Good luck in finding another job and next time learn from your mistakes.

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