Employment References

In today’s job market, the average number of positions an employee has had over their career is increasing, and the issue of employment references has become an increasingly touchy subject. In short, an employee would best be served by getting references from former employers that they left on good terms.

The reason this is so is that there is a qualified privilege to speak candidly about a job candidate, and generally, should a previous employer indicate that an employee’s skills with office software were not proficient, or that the person had a penchant for being tardy, these comments are related to job performance, and within limits are a defense against defamation.

Sadly, in an attempt to reduce the possibility of former employees alleging defamation, many companies are implementing blanket policies wherein they do not give references at all, or they may only give a bare summary of the dates worked.

The contents of a job review, and the relation between the review and the failure to gain employment is an extremely nuanced topic that should be discussed in detail with an attorney.