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Can You Be Sued for Written Employee Recommendations?
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."
You have to say things that are verifiable and factual if you want to write it out. Saying that they don't function well with other employees is ok, but it's safer if there are employee complaints against him. Saying he is not a good worker is ok, but only if he repeatedly doesn't show up, etc.
The other (preliminary) question is whether the employee is allowed to see the reccomendation, becasue if not, it ceases to be a problem. The standard I would look at is the college recommendation letter format.
I'm a concientious
This is exactly the kind of question you need to ask a real lawyer, in your jurisdiction.
My guess is that you are less likely to be sued by a company over a favorable recommendation than by a person over an unfavorable recommendation. But I'm not lawyer, and that's only a guess.
Start every sentence with "My opinion is" and I would assume you're OK. But IANAL...
This seems strange to me though. I think I would ask that I give a verbal reference and let _them_ write it down. Isn't giving a reference a courtesy anyway?
There's a big difference between stating conclusions and stating observations.
Consider the difference between these two examples:
Example 1: "Joe Developer is a tremendous asset who has a great mastery of technology and is sure to be a powerful resource wherever he works."
Example 2: "I worked with Joe Developer on a technically challenging project with intense time pressures to get the product to market. On a number of occasions, I saw him not only detect omissions in the specifications, but he also worked with management and sales to obtain clarification. There were several times when we worked late into the night to help get a product release completed on time. I enjoyed working with him as I found his work ethic and sense of humor were real assets on this project.; I would like to work with him again in the future. "
In the second example, I'm sharing my observations based on my OWN experiences -- I'm making NO statements as to his suitability on a different project or at a later date. In other words "This has been my experience." Leave it to the potential new employer to draw his OWN conclusions.
BTW, I've found this works well in many other areas besides just references. At least, that's been MY experience! ;^)
If you a concer with legal liability, Slashdot, or any online forum, is the last place you should go. There are all kinds of ways you can screw yourself by a carelessly worded reference. Trust me, you don't want the usual Slashdot opinions, rumors, and rules of thumb.
You should also be careful about your existing assumptions. You seem to feel that you're legally safe if you stick to verbal recommendations. Not so. If there's a reliable record of your conversation, that's evidence. OK, you can avoid voice mail, and it's illegal to record phone conversations without mutual consent. But plaintiff's have been known to hire court stenographers to pose as potential employers.
Go find a real expert, and educate yourself as what it's safe to say and what isn't. That is the only safeguard, no matter how you communicate.
Your employer probably has a policy on this. Find out what it is; follow it. This is even true if you're working for a different company than the one where you worked with the person in question.
If you don't have an employer, ask your lawyer.
(If you don't have a lawyer, and you live in New Jersey, I'll be happy to recommend mine. Verbally, of course.-)
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Evidence that this is the wrong forum in which to ask this question is the fact that, of the people who actually responded with advice, about half say, "only give opinions" while the other half say, "don't give any opinions, only verifiable fact."
Try Findlaw for informal legal advice with some hope of accuracy and/or consistency.
On a potentially humorous note, I heard about someone in the banking industry who had been ripped off by a former employee. The employee actually had the gall to put her name down for a recommendation (without asking her, of course). So she replied, "I cannot recommend him too highly," and left it at that. Hmm... What do you suppose she meant by that, anyway...
And now for the IANAL-but-I-play-one-on-TV advice: AFAIK, not only can either party sue you for the contents of your letter, but another party can sue you over problems caused by the employee if misrepresentations are found to have been made.
I read about a case in CA where a high school student (allegedly molested by her principal) successfully sued the writers of recommendation letters for the principal because he had been accused of sexual harrassment before, and they failed to mention it. Of course, if they had mentioned it, the pricipal probably would have sued them.
Also, if you are the ex-employer, be even more carefull. In some states, at least, you are only allowed by law to verify the term of the employee's employment at your company, and nothing else.
Why is Grand Theft Auto a much more serious crime than Reckless Driving?
It is bizarre. This kind of unfair and predatory practise by American lawyers and their clients will at some point make living (and making living) in the US socially more expensive than the high taxes so often moaned about in Europe. Better to have taxation by the government for the good of public services, than taxation by millions of blood-sucking opportunistic agents (corporations and their lawyers) needing their daily fix!
In my not so humble opinion the American people has subscribed to some quite questionable values when it is generally accepted that you are entitled to a renumeration every time your fellow man has erred and not been vigilant enough. Cutting some slack would be a sensible thing to do, but alas.