Abstract
Many employers are reluctant to provide substantive information about former or departing employees because they fear the possibility of being sued for defamation. At the same time, prospective employers have a responsibility to discover all they can from former employers about candidates being considered to fill job vacancies. This article examines the legal and ethical issues that arise when K–12 administrators give employee references to prospective employers. Administrators may be surprised to learn that a common law privilege is available in many jurisdictions that shields employers from defamation claims when they respond in good faith to a request for an employee reference. In other states, statutes protect administrators from lawsuits based on the employee references they give. Moreover, the number of school administrators who have been successfully sued for giving an employee reference is quite small. In light of the ethical implications when a school district fails to inform prospective employers about a departing or former employee’s deficiencies, it makes sense to take employment references seriously. The article concludes with specific suggestions that school administrators can take to minimize legal and ethical complications when giving employee references.
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Hartmeister, F. Employment Reference Response Strategies in K–12 Schools: Harmonizing Policies and Practices with Ethical Standards and Professional Responsibilities. Journal of Personnel Evaluation in Education 11, 269–287 (1998). https://doi.org/10.1023/A:1007933322326
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DOI: https://doi.org/10.1023/A:1007933322326