What can I do if my current employer provides incorrect information in a testimonial?

Questioner

Through an employment agency, I worked for a year at IND in the administration department. My first contract was six months. After six months, I received an extension for the same position. After that, I heard nothing about my performance. My contract expired on August 1. Four employees received an extension. My manager informed me via a video call that I would not receive an extension. She did not have a reason. I performed well, but according to her, I was very bored. This made it better for me to look for another job. She would act as a 'positive reference'. After this I had another position within the IND in mind. I applied for it via the website of the employment agency. I was rejected. I put the question to a recruiter via WhatsApp. She would look into this for me. The response was: my manager discussed it with me. She acted as a reference, without my permission, about this. According to her I did not fit within the IND. Now it is the case that I did not give my manager as a reference. She is obliged to contact me about this, discuss the content and ask my permission. This did not happen. If I had not done further research, I would never have found out. This is in conflict with the GDPR law and good employers. After this I contacted her via WhatsApp. She would call me back. This happened. I heard on the phone that she really liked me, that I did my job well, but that I would be very unhappy in that position. After this we would have a conversation about this. The following week she called in sick and I could no longer go anywhere. According to her, the IND did not provide a certificate either, but a telephone reference was possible. After this I submitted my question to another manager who could give me a testimonial. Then I ended up with a new manager. I received a confirmation of this via e-mail. After this I went to her. She told me that she was on holiday for two weeks and could draw up the testimonial after 9 August. She had also asked me to draw up a concept and e-mail it. In week 30 I saw the vacancy open. I had applied again. I had heard through the employment agency that I needed a reference. I went to another manager. I explained everything to him. The situation regarding my dismissal and the situation regarding the negative reference and the actions of the old manager. After this, this person contacted my sick manager by phone. This time she told the person who called her 'that I may never set foot within the IND'. This is what I heard from the manager who called the sick manager. She did tell him that she would be a positive reference for other work, but not within the IND. After August 9, my new manager returned from vacation. I emailed her the concept certificate. After that, I didn't hear from her anymore. For those reasons, I called her on August 13. She told me that she didn't think it was nice to have withheld information. That's why she hesitated to draw up a certificate. She would call the sick manager and ask on what grounds I was not entitled to a certificate. As she claims, I did not withhold any information. I told everything that happened to a colleague. He passed it on to the manager who was on vacation. After that, I drew up a draft and emailed it. Then I called her. If she had any questions, she could ask me, I thought. That is how I put it to her. However, this situation has nothing to do with it. I am still entitled to the certificate. I don't get a testimonial. They have assumptions about my service, no demonstrable evidence. My personnel file is also blank. I am considering filing a complaint of defamation. What is the best course of action?

Lawyer

The employer is legally obliged to provide a testimonial. If the employer refuses to do so, he can be held liable for the damage (if any). Sometimes this can also happen if (intentionally) incorrect information is stated in a testimonial. In order to have certain information included in the testimonial, the employee must submit a request. If you would like to discuss this without any obligation, please feel free to contact us by telephone.