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Tell it like it is....
Posted by CFishgo (more from CFishgo) on Thu, 24 Feb 2005 10:12:03
In Reply to: Ethical question--reference for employment ..., Urby, Thu, 24 Feb 2005 08:01:17
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The problem you have is two fold. One: you can get sued for deflamation of character, but only if you lie and have intent on causing harm.
Two: you can get sued by her next employer for withholding information as a reference. If you say nothing is wrong with this person, when you know there is, you have a liability. If you don't tell them she was fired, you have a liability.
I'd just state the facts and go with your ethics: she was fired and state the reasons, she has a medical condition that does not allow her to work weekends and nights, you would not hire this person again, etc. Seldom will you ever run into problems if you just tell the truth. Don't elaborate or embellish. Most people won't go to the expense to sue; it's not cheap, and they have a burden to provide evidence that you stated something that isn't a fact to make it a real case. Most lawyers won't take a case unless they know they will win and I kinda doubt an unemployed person will be able to withstand long drawn out hourly legal rates.
BTW: not a lawyer, just a business owner...
posted by 66.166.132...
Posts in this Thread:
- Ethical question--reference for employment ..., Urby, Thu, 24 Feb 2005 08:01:17
- Easy solution, Rafe, Fri, 25 Feb 2005 16:34:27
- Similar thing happened to me, NonStop
, Fri, 25 Feb 2005 13:43:26 - Are we talking work history or referrence?, JimN, Fri, 25 Feb 2005 08:49:33
- Re: Ethical question--reference for employment ..., TML
, Fri, 25 Feb 2005 07:34:16 - "Weekend nocturnal epilepsy" - Google hits = 0, Geoff, Thu, 24 Feb 2005 13:44:50
- And the plot thickens ..., Urby, Thu, 24 Feb 2005 10:30:54
- legal issue, Rich, Thu, 24 Feb 2005 10:25:16
- Tell it like it is...., CFishgo, Thu, 24 Feb 2005 10:12:03 <-- Viewing This Message
- I found this whole thread incredibly sad..., LesH, Thu, 24 Feb 2005 09:34:55
- If HR won't handle it, say as little as possible..., Noel, Thu, 24 Feb 2005 09:19:42
- Make no recommendation, pro or con, Ari
, Thu, 24 Feb 2005 08:48:46 - Agree w/ AlexF, SilverAeroGuy, Thu, 24 Feb 2005 08:24:33
- "asking for trouble if you tell the truth", Urby, Thu, 24 Feb 2005 08:41:19
- Re: I think Urby should say regard to her work and, t_mokes, Thu, 24 Feb 2005 09:14:27
- Re: "asking for trouble if you tell the truth", Yaofeng, Thu, 24 Feb 2005 08:55:23
- Yes, check with HR and let HR handles this. n/m, TKC, Thu, 24 Feb 2005 08:51:54
- Just refer the caller to HR, many companies do not...., TKC, Thu, 24 Feb 2005 08:12:21
- Say as little as possible, AlexF, Thu, 24 Feb 2005 08:09:54
- Re: Ethical question--reference for employment ..., t_mokes, Thu, 24 Feb 2005 08:09:42
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