How to Write a Reference Letter for a Former Employee (Without Getting Sued)

Writing an worker reference letter for a former worker and don’t know what it is best to say? Right here’s how to verify your letter of advice doesn’t get you sued.

Neglect for a second the authorized pitfalls you can see. Let’s have a look at one you may not know exists. It’s hidden in one thing you might have performed a number of instances up to now. Should you’re not cautious, your authorized woes may come from a number of sources because of this.

How usually have you ever written a letter of reference? More often than not, writing that letter comes with little danger. Possibly any individual you recognize utilized for a scholarship and requested you as a gift or former employer to write down a letter for consideration by the committee? You’ve gotten little to fret about, however what in case you supply to write down an outgoing worker a letter of reference to be used in a job search? That’s when it’s important to cowl your self.

We requested a number of attorneys to weigh in on how you can defend your self when writing a reference letter.

Understanding the Goal of a Reference Letter

A reference letter is a robust doc that serves as a advice for a former or present worker, sometimes written by a colleague, supervisor, or supervisor. Its major function is to attest to the worker’s abilities, accomplishments, and character, offering useful insights to potential employers, educational establishments, or different organizations. A well-crafted reference letter can considerably affect a person’s profession prospects, making it essential to know its function and significance. By highlighting the worker’s strengths and achievements, a reference letter may also help them stand out in a aggressive job market.

Advantages of Writing a Reference Letter

Writing a reference letter can supply quite a few advantages for each the worker and the author. For the worker, a powerful reference letter can:

• Improve their job prospects and improve their possibilities of getting employed
• Present a aggressive edge within the job market
• Showcase their abilities, achievements, and character
• Exhibit their worth and potential to future employers

For the author, crafting a reference letter can:

• Strengthen their relationship with the worker
• Improve their skilled popularity
• Present a possibility to help the worker’s profession progress
• Exhibit their dedication to the worker’s success

By taking the time to write down a considerate and detailed reference letter, you possibly can play a pivotal position in serving to a former worker advance their profession whereas additionally reinforcing your personal skilled standing.

Forms of Reference Letters

There are a number of kinds of reference letters, every serving a particular function:

• Employment Reference Letter: Written by a former employer or supervisor to advocate an worker for a brand new job alternative. Such a letter focuses on the worker’s job efficiency, abilities, {and professional} achievements.
• Character Reference Letter: Written by a private acquaintance, equivalent to a good friend or member of the family, to attest to a person’s character and private qualities. This letter highlights the particular person’s integrity, reliability, and different private attributes.
• Tutorial Reference Letter: Written by a trainer, professor, or educational advisor to advocate a scholar for tutorial applications or scholarships. It emphasizes the scholar’s educational efficiency, potential, and contributions to the educational group.
• Skilled Reference Letter: Written by a colleague or supervisor to advocate a person for an expert alternative or certification. This letter underscores the particular person’s skilled abilities, work ethic, and suitability for the precise position or certification.

Understanding the various kinds of reference letters may also help you tailor your writing to fulfill the precise wants of the recipient.

Getting ready to Write a Reference Letter

Earlier than you begin writing a reference letter, it’s important to organize totally. Listed here are some steps to information you:

• Collect Info: Accumulate particulars in regards to the worker’s abilities, achievements, and character. This data will type the idea of your letter.
• Evaluation the Job Description: Perceive the worker’s job duties and the way they carried out of their position. This may make it easier to present related examples.
• Determine Particular Examples: Consider particular cases that reveal the worker’s abilities and qualities. These examples will make your letter extra compelling.
• Perceive the Goal: Know the aim and necessities of the reference letter. Whether or not it’s for a job software, educational program, or certification, tailor your content material accordingly.
• Receive Consent: Guarantee that you’ve got the worker’s consent to write down the reference letter. This isn’t solely courteous but additionally needed for authorized and moral causes.

By getting ready adequately, you possibly can write a reference letter that’s each correct and impactful.

Writing an Efficient Reference Letter

To jot down an efficient reference letter, comply with the following tips:

• Use a Skilled Format and Tone: Begin with a proper salutation and use an expert tone all through the letter.
• State the Goal Clearly: Start by stating the aim of the letter and your relationship with the worker. This units the context for the reader.
• Present Particular Examples: Use particular examples to reveal the worker’s abilities and qualities. This makes your letter extra credible and persuasive.
• Spotlight Achievements: Emphasize the worker’s achievements and accomplishments. This reveals their worth and potential to future employers.
• Be Concise and Clear: Use language that’s concise, clear, and freed from jargon. This helps make sure that your message is well understood.
• Proofread Rigorously: Evaluation the letter for any errors or inconsistencies. A well-proofread letter displays professionalism and a focus to element.

By following these tips, you possibly can write a reference letter that successfully helps the worker’s profession aspirations whereas defending your self from potential authorized points.

Be sure that the worker reference letter is in line with the worker’s personnel file

Take into account this situation: You’ve gotten an worker who’s common at finest who you propose to let go. They weren’t a detriment to the group; you simply need to go in one other course. All through their time at your organization, you’ve stored a document of every time you talked to the particular person about points like lateness, poor efficiency, and their job title.

You inform them that you simply’re letting them go and supply to write down a advice letter for them. You permit out the negatives and deal with the positives, giving the particular person a greater likelihood of discovering a brand new job rapidly. Then, a number of weeks later, you get discover that the ex-employee is suing you for wrongful termination.

Washington, D.C., legal professional Tom Simeone says, “…being a pleasant man and offering a very good reference for a not-so-good worker can come again to hang-out an employer by contradicting the proof they could have justifying their termination or sanctioning of the worker.”

In different phrases, the worker may say, “If I used to be pretty much as good as you stated I used to be within the reference letter, why was I fired?” If the swimsuit is filed, the ex-employee’s legal professional will doubtless ask to see the worker’s personnel file. If the letter and the file don’t align, that could possibly be dangerous information for you.

Associated: The right way to Keep away from Hiring Unhealthy Staff

The brand new employer may sue you, too, for a former worker

It’s not simply your former worker who may have it out for you; it could possibly be their new (or most up-to-date ex-) employer. Should you write a letter that isn’t fully correct and the employer hires the particular person based mostly in your reference letter, you may be sued if the contents of the letter transform false or deceptive. Simeone says, “The agency to whom an employer supplies a reference might have a declare if the knowledge is inaccurate. Whereas it might not quantity to fraud — since that requires intent to defraud and mislead — it may result in negligent misrepresentation, which solely requires negligence or a failure to behave moderately.” Moreover, all the time embody correct contact particulars to facilitate any needed follow-up inquiries.

A No-Win State of affairs

Should you present data in your letter that’s false, equivalent to exaggerating the worker’s abilities, the previous worker may sue you for defamation. For that motive, San Diego Legal professional Samuel Brotman says, “You typically need to keep away from advice letters for workers that have been both fired or laid off.”

Alternatively, in case you refuse to write down a letter, that could possibly be an issue, too. Legal professional Moseley Matheson of the North Carolina-based Matheson Regulation Workplace says, “A former worker may additionally increase a declare for not offering a reference in any respect if they’ll reveal it has impeded their capability to search out employment in that area.”

Verify solely the fundamentals within the reference letter

The most effective and solely approach to moderately defend your self when writing worker reference letters is to verify the entire data you present relies on verifiable info. Additionally, don’t present any extra data than is important. Chicago-based legal professional Pamela Belyn says, “The overall rule is to solely verify the fundamentals, dates of rent, title, final wage, eligibility for rehire (sure or no). It’s the cleanest approach to keep away from future litigation.”

No matter you decide to paper (or e-mail) turns into proof. Don’t converse of the worker in a private capability, and maintain the reference quick.

The regulation isn’t common

Wouldn’t it’s good if each state operated underneath the identical rule of regulation? It doesn’t, and that’s why if there’s any query about what it is best to embody in a reference letter, seek the advice of an legal professional in your space. The above represents fundamental tips which can be relevant to most state statutes, however nothing beats the recommendation of a trusted legal professional who is aware of your particular person case.

This text supplies common data solely. Should you want particular authorized recommendation, you have to to contact an legal professional.