If you are not careful, your legal woes could come from multiple sources as a result of this. Advertisement How often have your written a letter of reference? Most of the time, writing that letter comes with little risk.
LinkedIn Many employers worry that if they fail to provide a dismissed employee with a deserved reference, additional damages could follow. That concern is not without warrant, but careful thought should go into writing that reference.
If the lack of a reference leads to longer unemployment, the courts often compensate the employee for that. As well, courts, either expressly or otherwise, sometimes punish employers for refusing to provide a reference to an employee deserving of one.
Quite practically, employers also realize, if the reference results in quicker re-employment, there will be less potential damages for the former employee to sue for. For all of these reasons — some well-intentioned, others less so — employers often dash off letters of reference to employees, deserving or not, with little thought, hesitancy or foresight.
But the rise of negligent referencing and defamation claims in the United States and Britain in recent years is causing some to readjust their way of thinking. Canadian employers need to be beware of the some of the pitfalls. If, for example, you deliberately make a false statement about a dismissed employee that negatively affects his or her reputation or re-employability, you may have defamed the employee and be liable for damages.
However, proving your comment was deliberate can be difficult. That may be why, while some employers are too quick to dash off references, others are too reluctant. This is particularly the case with U. The larger risk for Canadian employers is negligent misrepresentation.
If a prospective new employer relies upon a favourable letter of reference that was negligently drafted and inaccurate, they may look to recover damages.
Employers should never provide a reference for employees fired for cause. If you have fired an employee for cause, beware of receiving reference calls from purported new employers seeking positive references. Such calls are generally not for the purpose of a job, but to make it difficult for the employer to later maintain, even justified, allegations of cause based on incompetence or misconduct.
Your goodwill should never entrap your reason or skepticism. Employers providing references for a dismissed employee would be wise to heed the following: This will protect you from a defamation suit.Writing a Reference Letter (With Examples) By Ali Hale - 5 minute read At some point in life, you’re almost certainly going to have to write a reference letter for someone.
When you have employees, you'll soon have former employees, and they want references. It's not as straightforward as you may think. Your Former Employees Want a Reference. How to Write a Reference Letter for a Terminated Employee by Ruth Mayhew - Updated September 26, When looking for a job, a reference letter from a former employer can be tremendously helpful in validating a candidate’s skills, qualifications and experience.
Writing a reference letter for a former employee and don't know what you should say? Here's how to make sure your letter of recommendation doesn't get you sued. How to Write a Reference for a Former Employee by Tim Parker the employee could say, “If I was as good as you said I was in the reference letter, why was I fired?” If the.
What to Include in a Recommendation for a Terminated Employee It can be difficult to fire someone, since termination often creates bad blood or uncomfortable situations in the workplace.
If you are asked to write a recommendation or reference letter for a terminated employee, you may wonder what you should say and how you should say it. Here is a sample employment reference letter to review, and advice on writing a reference letter. Do you need to write a reference letter for an employee?
Here is a sample employment reference letter to review, and advice on writing a reference letter. Salary & Benefits; Leaving Your Job; 30 Days to Finding Your Dream Job; All Job .