Giving References for Former Employees
Learn what to tell prospective employers about a former employee.
Whenever one of your employees leaves, you will have to decide what to say to other employers who call for a reference. The decision is pretty straightforward if the employee left on good terms: You and your former employee can come up with a mutually agreeable statement to explain the departure. Or, you can simply tell the whole glowing truth to any prospective employer who calls for a reference. But if the employee was fired, you face a more difficult task.
Defamation Lawsuits: The Fired Employee's Revenge
If you are not careful in your statements about former employees, you might find yourself facing a defamation lawsuit. To prove defamation, a former employee typically must show that you intentionally damaged his or her reputation by making harmful statements about the employee that you knew to be false.
 | When do I have to pay an employee who quits? |  |
At first glance, it might seem like only the most spiteful employer would get caught in this trap. But, if you make an unflattering statement that you don't absolutely know to be true, it could happen to you. Let's face it: Most reasons for firing make the employee look bad. And an employer often cannot prove what he or she strongly believes to be true -- that an employee is stealing from the company, is incompetent, or lied about job qualifications, for example. An employer who makes such statements about a former employee could get into trouble. Your best policy is to say as little as possible and stick to facts you can prove.
| What to Tell Other Workers |
| It can be challenging to figure out what to tell the rest of your workforce when an employee leaves on less-than-positive terms. Our advice: Don't go into detail. Shortly after an employee is fired, make a brief statement to your other workers, saying that the employee is no longer with the company. Tell them who will handle the tasks that person was responsible for, and ask them to direct any questions to you. |
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