When a Bad Employee is Looking for Another Job, Should I Provide a Good Reference They Don’t Deserve?

Managers and HR professionals often face a difficult decision when a bad employee who is looking for a new job requests a reference. The question is: should you provide a falsely positive reference that the employee doesn’t deserve? This article will explore the ethical and legal considerations involved and offer practical advice on how to handle such situations.

Legal Considerations and Risks

Providing a falsely positive reference can expose your organization to legal risks. In the US, for instance, employees can sue for misrepresentation if they are hired based on false information and then experience difficulties at the new job. Additionally, hiring companies can sue for providing false information, even if no harm is intended.

The risks go beyond legal consequences. False references can damage your organization’s reputation. If a new hire turns out to be unsuitable, the hiring company may develop a negative impression of your organization, which can affect future hiring decisions. Moreover, maintaining transparency and honesty with your employees is crucial for the professional development and well-being of your team.

Ethical Considerations

From an ethical standpoint, it is essential to be honest with both the employee and the potential employer. If the employee is a bad fit and their performance is unsatisfactory, it is better to let them find a job that better suits their skills. Honesty in references ensures that new employers have accurate information to make informed hiring decisions.

It is also important to remember that employees who find a better fit in a new job are less likely to return and cause trouble. Providing a truthful reference is a way to maintain professionalism and uphold ethical standards in the workplace.

Best Practices for Providing References

When asked for a reference, especially if you are aware that the employee is a bad fit, the best practice is to provide only factual information:

Confirm Dates of Employment and Job Title: Provide these details accurately and nothing else. Avoid Describing Job Performance: Refrain from discussing the employee’s job performance, achievements, or any negative aspects. This can avoid misunderstandings and legal issues. Encourage Them to Find a Suitable Alternative: If the employee is concerned about their reference, encourage them to find an alternative referee who can better represent their interests.

This approach maintains your integrity and professionalism while ensuring that the hiring company receives accurate information.

Your Approach as a Manager

As a manager, you can adopt a transparent and honest approach when dealing with references:

Be Honest Throughout the Working Relationship: Throughout the employee’s tenure, maintain open and honest communication about their performance and areas for improvement. Discuss Areas for Improvement: If you are concerned about the employee's performance, it is better to be direct and honest about areas where they need to focus on improvement. This can help them address their shortcomings and improve their overall performance. Encourage Them to Choose an Alternative Referee: If the employee is concerned about your reference, encourage them to find an alternative referee who can better represent their interests. Most employees prefer to keep their references confidential for this reason.

This approach provides employees with the opportunity to showcase their strengths and maintain their professional integrity, while also upholding strong professional standards.

Conclusion

Providing a falsely positive reference can lead to legal and ethical issues. Therefore, it is crucial to provide only factual information when asked for a reference. Encourage your employees to find alternative referees and maintain transparency and honesty throughout the process. This practice promotes ethical behavior and helps maintain a professional work environment.