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When employer calls for a recommendation, keep it basic

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in Employment Law,FMLA Guidelines,Human Resources

When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.

Recent case: Julie Male sued when she lost her job and attributed the reason to her disability and need for FMLA leave. She lost that lawsuit.

Then she filed a second one. This time, she alleged she had applied for dozens of jobs, interviewed for several and still not received any job offers. She argued that the reason must be that her former employer was providing bad recommendations.

The court said that a bad recommendation as punishment for a discrimination complaint can be considered retaliation. However, in this case, there was no proof that Male’s employer had provided any details, let alone inaccurate information. (Male v. Tops Markets, No. 08-CV-6234, WD NY, 2010)

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