giving a reference for discharged employee

[kthom1]

If an employee is fired, or dismissed, or even leaves with questionable circumstances, can the employer give a reference that is negative in nature without problems. It seems to me that, the employer faces a lawsuit if the exiting employee does not get the new job because of the negative reference.

Please note: I am a student and this is an ethical question, but from my past experiences, at least 3 companies would not give a reference because of the potential for a law suit. I was searching for conformation of this.

Thank you for your help, if you can give it. If not, I still appreciate your taking time to read this.

kt

 

[jharris352]

A company can give negative references if it is true. However, no company in their right mind will give a negative reference because of the potential for a suit. So, like many things in law, we play a game. If I, as an employer call your former employment and they say something like, "Yes he worked here but we decline to give him any employment reference." We all know what that means. Get it?

 

[Patricia_Young]

A company can give negative references if it is true. However, no company in their right mind will give a negative reference because of the potential for a suit.

Or it is their honestly held opinion.

And it isn't necessarily true that "no company in their right mind will give a negative reference". In fact, there are cases where an ex-employer refused to give information regarding such things as suspected child abuse by an employee, the individual was hired to work with children, did it again, and the ex-employer was held partially responsible. There's a term for that, but I can't remember it at the moment.

 

[jharris352]

You know, in law you always have to be ready to be wrong. No matter what you say someone will come up with an example of something different. You are right, the company would probably have a duty to warn another company that a potential employee was a child molester!

 

[kthom1]

Thank you for your replies. As I said in my original post, I am an adult student (meaning old) and my class is discussing ethical dilemmas. I knew from past experience that it is not so easy to give a reference. This was hindering my answering the question. I do appreciate your response. I will be acknowledging your responses to my question as confirmation backup to my answers. I hope that is ok with you. My class starts at 6:00 PM, so I will be checking this site around 4:30 to see if you object. Thanks again.

 

[Patricia_Young]

Oh, homework. If I'd known this was homework, I wouldn't have replied. I don't do other people's homework.

 

[kthom1]

I only wanted conformation of a practice I had seen in my past employment. I have 3 experiences, but was unsure if this was a wide spread type of policy, or just my luck in where I happened to be working. I had already written my answers, but I did go back and add information concerning every one's replies. I thank you for your time. I am sorry this was not what you wanted to respond to.