Writing a reference letter for a fired employee benefits

Employers are caught in a legal quandary regarding how much information to provide about former employees. Failure to provide critical negative information about a former employee could lead to liability and a charge of negligent referral, yet providing damaging information can also cause the company to be sued for defamation by the individual concerned. An employer can even be held liable for a neutral reference, if it omits critical information that has implications for workplace safety.

Writing a reference letter for a fired employee benefits

What to Include in a Recommendation for a Terminated Employee

Eventually, the employee you terminated will look for a new job and his prospective employer may contact you for information. You must tread carefully -- defamation and invasion of privacy are two potential legal claims you may face when giving out information about a former employee.

Knowing what you can say about a fired employee can help avoid or protect against litigation. While simple, the approach may backfire if the employee at issue had serious problems. Business-Related Matters In general, employers may discuss business-related matters concerning the employee.

However, an employer must be careful about how he conveys the information.

writing a reference letter for a fired employee benefits

The employer should only discuss business-related matters about the employee in confidence. An employee may sue the former employer if the employer discusses sensitive, business-related matters about that particular employee in the presence of others who should not be hearing the information.

Honest and Legitimate Opinions Even when discussing business-related matters, employers must be careful to ensure that the response is an honest recitation of relevant facts or based on a legitimate opinion.

Business-Related Matters

If an employee was fired for violating company policy, for example, explain the circumstances, but avoiding adding unnecessary information or opinions. Tips It makes good business sense to develop a company policy to handle giving out information about terminated employees.

According to Nolo, a legal information website, you should appoint one person to handle employee reference requests.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.

Firing an employee is often one of the more challenging aspects about being an employer. Eventually, the employee you terminated will look for a new job and his prospective employer may contact. Generally, a reference letter for a past employee that discusses the employee’s performance in a business capacity can be written on company letterhead. 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 earlier tried to.

Review it, then write about ways your former employee is a good match for the responsibilities of the position. Or, if you're writing a general recommendation, ask the employee for details about the type of position and industry.

Reference letters can invite lawsuits from former employees - The Globe and Mail

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 . Generally, a reference letter for a past employee that discusses the employee’s performance in a business capacity can be written on company letterhead.

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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.

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I earlier tried to. 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.

How to Write a Reference for a Former Employee