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- │CATCH-22 FOR EMPLOYERS: GIVING REFERENCES│
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- As an employer, you may find yourself between a rock and a
- hard place when a former employee lists your firm as an
- employment reference, especially if you have had a negative
- employment relationship with the former employee. Because
- most employers are quite aware of the risks of getting sued
- by the ex-employee if they pass along negative information
- to his or her prospective new employer, many firms take a
- "name, rank and serial number only" approach to this risky
- situation, divulging only job titles and dates of employment.
-
- Unfortunately, there have also been lawsuits in recent years
- by employers against the former employer of a troublesome
- worker, for failure to divulge informations, such as a suit
- against Allstate Insurance by a company that hired a former
- Allstate employee, claiming that Allstate had concealed the
- violent nature of the former employee, and alleging that
- Allstate had written a misleading letter, stating that the
- employee had been let go as part of a general corporate
- restructuring, without mentioning the employee had been
- fired after coming to work with a gun. The employee wound
- up shooting five co-workers in the company cafeteria of the
- his employer, Fireman's Fund, which brought the suit against
- the former employer, Allstate.
-
- Thus, as an employer, be aware that you will have to walk
- a very narrow line when asked for a job reference. If you
- divulge negative information that can be questioned by the
- employee, the employee may sue you; if you conceal such
- facts, the new employer may sue you.
-
- @CODE: AK AZ CA OR UT CO NM WY ID SD KS OK LA GA SC FL TN IL IN OH MI WS ME MD
-
- Fortunately, some 24 states have recently enacted various
- forms of legislation that that now give employers more
- protection against employee lawsuits for divulging damaging
- information or providing unflattering job references.
-
- @STATE is one of the states which has done so.
- @CODE:OF