You receive a telephone call from a company you never do business with requesting a reference on one of your employees, Mary. You believe Mary performs in a generally incompetent manner and would be delighted to see her take another job. You give her a glowing reference. Is this right?
2006-09-03 07:22:21 · 7 answers · asked by momofsix 3 in Politics & Government ➔ Law & Ethics
There's no legal principle involved. "Mary" will certainly be happy to get a good reference from you.
However, there's a moral principle: You lied.
If someone calls for a reference, you can confirm that Mary works there, give the dates of employment and, if you have access to this information, you can give her salary. There's no requirement that you comment on her performance on the job.
If Mary is doing an unacceptable job, you should work with her to improve. If she doesn't improve, you should let her go.
On the other hand, it *is* very tempting to give a good reference to an under-performing employee to avoid the hassle of firing her.
2006-09-03 07:33:46 · answer #1 · answered by johntadams3 5 · 0⤊ 0⤋
It may not be right but it's done all the time, especially in the real estate rental business. Employers should never give any information other than the length of their employment and salary history. I have heard of ex employers being sued by the new company for giving a glowing reference for a lousy employee. A soon to be ex employee should ask for a letter of reference from their immediate supervisor before leaving their employ.
2006-09-03 14:30:37 · answer #2 · answered by I'manalienfrog 5 · 0⤊ 0⤋
You may be talking about the good-faith reference exception to the defamation laws. Generally, if someone calls for a reference, you can state anything you want about the person, as long as it pertains to the referenced position.
There is also the issue that you gave false information to the other company, which could be fraud. But unless you owed a duty of truthfulness (or fiduciary duty) to that other company, fraud or misrepresentation would be difficult to prove legally.
2006-09-03 14:27:47 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Yes, as long as you follow the legal guidelines as to what information you can provide a potential employer. I don't see how you can get in trouble for giving her a good recommendation, but you can get in trouble for giving her a bad one.
2006-09-03 14:25:15 · answer #4 · answered by Justsyd 7 · 0⤊ 0⤋
NO... but in this day and age, when people are just looking for an excuse to sue you... it's the RIGHT answer.
2006-09-03 14:28:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Better to have said nothing other than yes or no.
2006-09-03 14:27:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i think its usually just employment verification..........yes she worked her.......... click
but maybe check into that
2006-09-03 14:24:58 · answer #7 · answered by suesue 5 · 0⤊ 0⤋