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HRM CA | 20 Jun 2016, 09:00 AM Agree 0
Employees could potentially sue if they claim your account is unfair but one industry lawyer says honesty is at the crux of the issue.
  • Keith Berkshire | 20 Jun 2016, 09:47 AM Agree 0
    My rule of thumb is: "Even if it's true, does it serve any good by repeating it". On the other side of the equation, I've had this response from a request for reference: "Our lawyers have told us not to comment". I think when in doubt, better to err on the side of common sense.
  • Barry Fisher | 21 Jun 2016, 05:42 PM Agree 0
    This unwarranted fear by employers of being sued over a reference letter results in many employers refusing to give out reference letters while at the same time insisting on checking multiple references before hiring. someone. There should be an industry practice that unless you are prepared to give out honest references than you are not entitled to receive an honest reference.
  • Kellie | 28 Jun 2016, 04:48 PM Agree 0
    I think there is a bit of a concern over nothing. If you are honest, a bad reference is fine. The key is, as Thomas has pointed out; be sure it is documented and factual. If you are voicing your own negative opinions then you could potentially get into hot water. If we are all afraid to give out references, we are creating even bigger problems. Employers are always told to do their due diligence but if everyone is fearful of being honest, we are perpetuating the problem. There have never been any lawsuits in Canada that I am aware of with respect to honest references - good or bad.
  • Honey | 18 Oct 2018, 11:28 AM Agree 0
    I asked my employer for a reference so I can advance myself within the company. He agreed. If he had any qualms with me or doing one, he needed to be honest with me. If he had said that he didn't want to because it wouldn't put me in good light, that is when I would want to sit with him to figure out where he thinks I need improvement. Today (after the reference was given) my performance evaluation came out and I am dumbfounded by how he thinks I work as he has never approached me in regards to any problems. He will be hearing from me about this law. Because of him, I missed out on a BIG opportunity and a lot more money. I've never had a worst manager.
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