However, an employer must be careful about how he conveys the information. But otherwise, there is no corresponding benefit for an employer to speak freely about a former employee, so I recommend they not do so.
You have little to worry about but what if you offer to write an outgoing employee a letter of reference for use in a job search? Refusal to provide a reference can subject you to lawsuits and can make you seem inflexible and short-sighted.
Contact your human resources department about the company policy for reference letters for former employees.
There may be some times you have a legal obligation to disclose negative information.
Employers will be loath to hire someone on whom they receive a bad reference. Indeed, some states give immunity to employers on references as long as they are not defamatory. Employers can rest easier knowing that the law protects those that tell the truth, but why take the chance rankling a maybe disgruntled ex-employee who is no longer your headache?
Verify the work dates, position title, salary and duties. Whatever policy the employer has regarding employee recommendations--"ad hoc" is not a policy--it should be in writing, communicated to employees and supervisors, and supported with appropriate training.
Employers asked to provide reference information for ex-employees in this category should consult with legal counsel and comply with the laws that apply in their states before providing such "honest, negative" reference information. Make sure you keep your tone positive or neutral.
You leave out the negatives and focus on the positives giving the person a better chance of finding a new job quickly. The most important thing to do first is to check with your HR department and find out what legal ramifications are involved if you refuse or decline to write the letter.
If you have absolutely nothing glowing to say about the employee, just stick to the facts. But even with the protection under the law, many employers will still want to subscribe to the "name, rank, serial number" theory of references.
You have an employee who is average at best that you plan to let go. Once that is done, the employer should have a good deal of protection--even if it gives a "bad" reference.
If this is routinely done, an ex-employee who does not receive a positive reference may be able to claim retaliation or discrimination. I asked several labor and employment lawyers what they think.
Bryan Cavanaugh The Cavanaugh Law Firm I recommend employers not give out substantive reviews or opinions of former employees unless they are in a fairly small community of competitors who all share similar information. The rule is the same in at least 20 states.
Some companies ask that you just verify dates and titles and others want to question you about your former or sometimes current employee. We asked a few attorneys to weigh in on how to protect yourself when writing a reference letter.
Tips It makes good business sense to develop a company policy to handle giving out information about terminated employees. Positive recommendations, although well intended, can result in legal trouble too. A generic reference letter should contain strictly factual information, limited to dates of employment, job title and salary.
If an employee was fired for violating company policy, for example, explain the circumstances, but avoiding adding unnecessary information or opinions. If the HR representatives in those nursing homes freely share information with each other about former employees, then I think that is helpful information for the prospective employer to have in deciding on an applicant, and I recommend an employer participate in that sharing of information.
This article provides general information, only.A positive exception to the "neutral reference" rule that I would recommend is in the case of a reduction in force or job elimination, when.
A letter of wrongful termination is typically written by an employee who feels that they do not deserve the termination, explaining the employee's position regarding the termination to the employer. The letter must be written in a polite, professional tone and must start with the reason for writing.
Employee Termination Letter, Employee Termination Form, Employment Termination Form, Pink Slip, Letter to Fire an Employee, Separation Notice How to Write a Termination Letter: Letting go of an employee can be a relief, or in the case of a forced layoff, it can be very difficult.
Q: After an investigation, we fired one of our employees for threatening and stalking two co-workers. He's now demanding a positive letter of reference, which I'm writing. I. 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. Many states regulate what an employer may say about a former employee—for example, when giving a reference to a prospective employer. In some states, employers may provide information about a former employee only with the employee’s consent.
And, to protect employers from defamation lawsuits.Download