Myth Buster: Can you legally give a bad work reference?

Myth Buster: can you legally give a bad work reference?

The simple answer is yes, you can. However, there are some caveats to keep in mind.

For starters, any information you provide about a former employee must be accurate. If you make false statements or deliberately withhold information that could damage the person's reputation, you could be sued for defamation.

Additionally, while you're free to express your honest opinion, it's important to avoid making any statements that could be interpreted as discriminatory. For instance, if you're asked for a reference for a job applicant who is a member of a protected class (e.g. based on race, gender, religion, etc. ), it's best stick to objective facts and steer clear of subjective comments

In general, it's a good idea to err on the side of caution when giving a reference. If you're unsure about what to say, you can always decline to comment or simply provide basic contact information.

You also may not want to give a reference if you're involved in a lawsuit with the former employee. In some cases, the court may order you to provide a reference, but you can still decline if you think it might not be in your best interests.

In short, while you can legally give a bad work reference, it's important to be mindful of the potential risks involved. If you have any questions or concerns, it's always best to consult with a solicitor beforehand or decline to give the reference.