How to Give References

Giving a reference shouldn't give rise to a lawsuit -- not if you follow our reference on the topic.

Mary Keating: If someone calls you for a reference, you can choose to say nothing or say the bare minimum. Here is when the person worked for me, here was her job title, she is eligible for rehiring. You don't even have to answer that question. Rochelle Eisenberg: Employers maybe afraid to give references because of the fear of being sued for defamation. Mary Keating: You can be sued for making defamatory remarks about someone and depriving them of some job that they claimed they would have gotten. Rochelle Eisenberg: I have never handled a case where anybody has been successfully sued for defamation in the giving of references. So it is a fear but I believe in most instances, I mean in really, most instances, it is a fear that is without merit. As long as the employer is giving what that employer believes to be an accurate reference without malaise. Mary Keating: If you want to actually help the person along, either the employee or the potential new employer, if you think that person might be making a mistake, keep your answers very factual, unemotional, and if you are feeling malicious, just don't answer the question. That is what is going to get you into trouble.