If you can't say anything nice, is it better to say
nothing at all?
While there is no legal requirement for an employer to provide a
reference for a former employee, providing employment references
has become a legal minefield. Fear of defamation actions, human
rights complaints, and privacy complaints has prompted many
employers to simply throw up their hands and implement policies
limiting references to simple confirmations of employment.
Unfortunately, policies limiting or prohibiting references cause
employers to miss out on the benefits of providing references.
Importantly, a positive employment reference may help an employee
find work faster and limit an employer's liability in a
wrongful dismissal. More broadly, employment references are an
important tool for employers in recruiting and screening
candidates.
