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Business ethics question?


You receive a telephone call from a company you never do business with requesting a reference on one of your employees , Mary Sunshine. You believe Mary performs in a generally incompetent manner and would be delighted to see her take another job. You give her a glowing reference. Is this right?

Please explain.

Legally, you are only required to give out three pieces of information about your employee,
The date of hire,
the employee's job title,
and the day the employee left your employ.
Mary Sunshine could sue you for any derogatory information you give a prospective employer about her.
As a potential former employer, you cannot do or say anything that would prevent Mary from getting another job.

I would be reluctant to reveal anything other than documented facts about the employment.

If you say good things, and she causes problems, they may try to hold you liable on a theory that you knew and expected and wanted them to rely on your false statements to make a decision that would harm them.

If you say bad things, you have the same problem but from the employee.

I would tell them nothing that I could not objectively prove with documents.

Unless you have a signed consent form from the employee, you are only allowed to give out dates of employment.

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