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."

Comments

Share OBSERVATIONS not CONCLUSIONS

[martyb]

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! ;^)

Evidence of wrong forum

[andaru]

From the why-are-you-asking-a-legal-question-on-slashdot dept.:

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.