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We advise everyone to contact the AK if they have not found a new job due to untrue and negative information from their former employer. Employees do not have to sit on injustices like these. The AK advises and represents its members free of charge so that they can exercise their rights. If necessary, as in the present case, also through several judicial bodies
AK President Dr. Johann Kalliauer
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Linz (OTS) – A dental assistant from the Eferding district did not get a new job because her former boss gave negative and incorrect information about her to the potential new employer. The AK intervened with the former employer, but she rejected all guilt. So the AK brought a lawsuit on behalf of the woman. The court confirmed the AK’s view, but the former superior appealed. But the AK did not give up and finally won compensation in the amount of 1,450 euros in the second instance.
A woman from the Eferding district worked as a dental assistant in a practice in Linz for a little over four years. After the employment relationship was terminated, the woman applied to another dental practice. After the interview, the potential new employer asked her former employer about the woman. Then the woman received a text message: Your application would be rejected after consultation with the former employer. The suspicion was therefore obvious that the ex-boss had given disadvantageous – and incorrect – information about her.
The woman then turned to AK Eferding, which intervened with the former employer. However, this was not understandable and did not want to comply with the claim for compensation. So the AK filed a lawsuit. The court confirmed the legal opinion of the AK: When inquiring by phone from the potential new employer, the former employer stated that the woman was very often on sick leave and was not there when she was needed. However, a look at the woman’s absenteeism showed that she had not had an above-average number of sick days in recent years. There were also no other absences. The woman is therefore entitled to compensation. But the former boss appealed against this judgment.
The case was then re-examined by the Linz Higher Regional Court. This also judged: The information was incorrect and was a deliberately untruthful exaggeration. This was the decisive reason for the rejection of the application. Without this information, the woman would have got a full job, so the verdict. The former employer’s appeal against the first judgment is therefore not justified. She had to pay her former employee a net monthly salary – 1,450 euros – in damages.
„We advise everyone to contact the AK if they have not found a new job due to untrue and negative information from their former employer. Employees do not have to sit on injustices like these. The AK advises and represents its members free of charge so that they can exercise their rights. If necessary, as in the present case, also through several judicial bodies
“, Said AK President Dr. Johann Kalliauer.
Inquiries & contact:
Chamber of Labor Upper Austria
Ulrike Mayr, MSc
Tel. +43 (0)664-85 00 510
ulrike.mayr@akooe.at
ooe.arbeiterkammer.at
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