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Can You Be Sued for Written Employee Recommendations?

Posted by Cliff on from the 10-years-ago-this-would-be-considered-"overly-paranoid" dept.

ServiusCensus asks: "I have been asked to provide a written rather than the more normal verbal reference for a someone I used to work with. Verbal references seem to be the norm, they work well because people are more willing to tell the truth informally than they are to write it down. I want to know what problems I might get into if I recommend someone but they turn out to be a bad match for the company? I don't want some lawyer to come looking for me one dark night."

4 of 64 comments (clear)

  1. Try some of the free services out there by proxybyproxy · · Score: 2, Informative

    There is plenty of free legal advice out there by real lawyers. Granted, there is the hook, that they all hope to get you as their next client, but nevertheless I think your chances of getting a decent answer are greater there, than here :)

    Check out: Lawguru. If you cant find your question in their DB of 35000 questions, they will answer it.

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    Hurra for Knark!
  2. Re:Need to get this off my chest... by Anonymous Coward · · Score: 2, Informative
    From Webster's Revised Unabridged Dictionary (1913) :

    Verbal \Ver"bal\, a. [F., fr. L. verbalis. See Verb.]
    1. Expressed in words, whether spoken or written, but
    commonly in spoken words; hence, spoken; oral; not
    written;     as, a verbal contract; verbal testimony

  3. Re:Wrong place to ask, wrong question. by sigwinch · · Score: 3, Informative
    ...it's illegal to record phone conversations without mutual consent.
    Actually it depends on the jurisdiction. For intrastate calls in the U.S. it varies quite a bit. Interstate calls may be recorded (last I heard -- it may have changed). Other countries vary. Also remember that phone calls can be routed through multiple states and nations, even if the participants are in the same place, which makes them interjurisdiction calls.

    Unless you really know the law and have perfect control over the telephone system that is used, the only safe assumption is that the call can be legally recorded.

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  4. from lawguru.com by Karth · · Score: 3, Informative

    it looks like this lawyer from lawguru has a real answer: If you want to avoid all sorts of possible legal stupidity, stick to short, factual, and mostly useless information.

    http://www.lawguru.com/cgi/bbs/mesg.cgi?i=778167 01 8