Employees should seek positive verbal and written references from their former employers upon termination.
Except where the employee has been fired for just cause, employers should provide a former employee with a positive reference.
Positive references help employees find new employment. The faster an employee obtains new employment, the less an employer may have to provide for pay in lieu of common law notice.
Nevertheless, an employer does not have a legal obligation to provide a positive reference letter. However, a simple letter confirming employment is generally required if the employee requests one.
A reference letter myth exposed
A recent newspaper article suggests that employers may be sued if they provide reference letters for employees who underperform at their next jobs. However, no such legal liability exists in Canada.
Nevertheless, the article does illustrate the need to "go behind" a reference letter when seeking to hire a new worker. Hence employees should secure a former employer's written promise to provide a positive verbal reference consistent with the reference letter.
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