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Oracle Tips by Burleson |
Providing
a Job Reference
An agreement may be negotiated to provide future
job references for the discharged computer professional. These
references would typically outline the jobs held along with the
associated responsibilities performed on the job.
Reference letters may leave the employer
vulnerable to legal claims such as:
-
Defamation for providing false or damaging
information that inhibits a former employee from reemployment.
-
Negligence when the former employer fails to
provide all relevant reference information, whether it is good or
bad.
-
Invasion of privacy for the disclosure of
private information.
-
Unlawful
discrimination
when an allegation is made by
the fired IT employee that a negative reference was given because
the former employee had complained about unlawful actions by the
employer while under their employment.
-
Violations of law based on the employer
preventing the fired employee from gaining employment.
One of the safest ways to avoid liability when
giving references is to provide the fired employee with their previous
job performance appraisals. These documents can then be used by the
terminated employee as they wish, sending them out without any further
involvement of the employer.
The employer has limited their exposure by only
releasing previously compiled and acknowledged information. It is
important that no individual other than the former employee receive
the performance appraisals from the employer.
Employers may be protected against defamation
claims associated with job references by
qualified privilege. This legal doctrine is defined by
the following principles:
-
The former employer acted in good faith while
providing credible evidence for the reference.
-
There exists a common interest in the former
employee, between the former employer and the recipient of the
reference.
-
The former employer provides reference
information strictly related to the common interest of the reference
provider and the recipient.
The doctrine
of qualified privilege
is
viable if the former employer is fully truthful in providing the
reference, and gathers the information in an organized, professional,
and objective manner.
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