Can my company do this?

Question

I've been a tutor for an online tutoring company for the past two years. Recently, I've applied for a teaching position at a university and have started the interview/hiring process. As part of their process, the university that I've applied to has asked that I provide a list of current managers/supervisors who will fill out a job skills survey that basically ranks my skills in various areas. Well, my current employer has told me that my direct supervisor isn't permitted to complete this survey because she's not a "manager." Nor is she able to provide a recommendation for me. At the same time, upper management who is allowed to do so will not because they employ "1000+ tutors" and cannot fill out individualized surveys. So essentially they're saying that they won't give me a recommendation, even though I've been an outstanding worker. Is it legal for them to dictate what my supervisor does? Because that doesn't seem right. The top of the survey even says, "Your responses are personal and do not reflect the views of any company/organization to which you belong now or to which you have belonged in the past." How can she not be allowed to fill this out? Isn't this some sort of rights infringement? It seems like this company is trying to dictate how/when their employees can seek employment elsewhere, and that can't be okay. Anyone know anything about this?

Update:

Okay, well, I should have clarified some things:

1. I totally understand that a company is not obligated to give recommendations. I don't feel like it's my right to get one; however, I've consistently gotten outstanding evaluations, so I do feel that I deserve at least that much.

2. My supervisor has said that she would be more than willing to fill out this short survey (that would, by the way, take no more than 5 minutes). She's been very helpful. It's just that my company is somehow dictating her decision to do so, even though the survey is clearly a personal reference not reflecting on my company's views, as stated above. So I really don't see the problem or how they can keep her from willingly filling out a short survey that in no way reflects on the company as a whole.

HRmom · Accepted Answer

Okay, I understand your viewpoint, but this is not a "personal" recommendation or survey.  Your supervisor cannot fill this out on a personal level, because you are her subordinate and that is the relationship as well as the basis for her answers.  And yes, the company has every right to prohibit her from completing this survey as it can and will be looked upon as a viewpoint of the company (no matter what it states otherwise).  Many companies do not want supervisors filling out this type of document as it can lead to issues due to inappropriate comments or even saying nice things that turn out not to be true just to get someone off their back. :)

So yes, the company can keep this supervisor from completing this survey on your behalf, and no company is required for any reason to provide any kind of recommendation for anyone, regardless of how well they performed in the past.

Good luck to you!

michr · Answer

regardless of what is printed at the top of the survey, you clearly stated that the survey is to be completed by your manger or supervisor and that it ranks your skills... 
it is obvious that it is to be a work reference not a personal one, and no matter what disclaimer is attached to it your current employer's name and business is going to be associated with it.....
they can have any disclaimer they want on the survey, the fact is they want your employers opinion on how you perform your duties....

MOST companies do NOT allow anyone except those in HR to provide references because they must ensure the reference is truthful, and accurately represents the companies views and standards.


they can NOT force this supervisor to do or not do anything, but they certainly can discipline this supervisor for failing to follow policy or for failing to do as instructed..... it is NOT in this supervisors best interest to deliberately breach policy for you or anyone else.....

Judy · Answer

Look at it from the other side.  Why should you and all their other tutors be able to require them to take their time to fill out a recommendation and survey for you and your potential employer.

NO she doesn't have to fill it out.  You have no right to assign work to HER.  Think about it.

lcr000 · Answer

The employer is free to set ANY policy they like regarding references, there is no law that compels them to provide references if they choose not to give them

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Can my company do this?

4 Answers