Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, September 4, 1994 TAG: 9410190001
SECTION: BUSINESS PAGE: F3 EDITION: METRO
SOURCE: CAMILLE WRIGHT MILLER
DATELINE: LENGTH: Medium
A: Letters of reference are a developing area of litigation. Lawyer Leanne Shank notes that employers may have a legal obligation to convey certain kinds of information: employee theft, for example. On the other hand, a lawsuit for defamation is possible if a letter is based on untrue statements that injure a former employee's reputation.
Shank, a partner at Natkin & Heslep in Lexington, says informing a prospective employer of problems is protected by a qualified, or limited, privilege.
Virginia law, Shank finds, "allows employers a qualified privilege to disseminate derogatory information regarding employees if the employer has a legitimate business interest in doing so and that interest is shared by the prospective employer."
In fact, Shank notes that at least one court has found in a case "a duty to disclose negative facts running from a former to a prospective employer."
If your former employee stole property from your company, writing "Mr. Smith was terminated after we concluded from our investigation that he may have stolen employer property" should be protected by qualified privilege.
However, writing, "Mr. Smith is a thief" may subject you to a defamation suit, Shank says. Opinions are not protected and may result in legal action.
Shank encourages basing "your recommendation on facts within your personal knowledge. From those facts you can draw an opinion of the employee's work performance."
If you've kept careful records, you can note the number of absences, the number of days late for work, disciplinary actions - these are facts - before providing letters, which give more than basic facts, such as the employee's name, dates of employment, position and basic responsibilities.
If you write a letter of reference which contains any negatives, seek legal review of the letter before mailing it. If the employee was a real problem, seek legal advice because you may have an obligation to disclose the problem to future employers.
Q: How do I identify and ask someone to be mentor?
A: Make sure you're performing your current job to the best of your ability. Potential mentors must see you're hard-working and talented.
Identify two mentors, one inside your organization and one outside the organization, even outside your specific field. Most mentors are never formally asked to be mentors; the relationships are fairly informal.
Approach potential mentors with well thought-out questions about the inner workings of the organizations or about problems with a project.
Listen carefully to and implement the advice; give updates on your progress with the solutions.
Continue meeting separately with your mentors, use their advice as often as possible and occasionally give them a token of your appreciation. Your efforts should be directed at developing good relationships with your mentors.
While you'll keep the friendships, be prepared to outgrow and replace mentoring relationships as your skills surpass those of your mentors. The greatest compliment you can pay your mentors is to take on the role of mentor as your skills expand.
Q: I've been asked to give an informational interview. I'm not sure I can spare the time, but if I do, how should I prepare?
A: Individuals make better career decisions if they have a full understanding of what a particular career entails.
By giving informational interviews you can attract excellent candidates to your profession. You also may find an excellent employee in the process. Consider it an honor to be asked to give an "inside view" of your profession.
Give the career candidate an overview of available career paths, salary averages at each level, regional salary differences, work flow by season, the nonsalary rewards and some idea of the down side that comes with the job.
Share information you wish you had known before you selected your career.
Identify personality traits and work habits associated with success in your profession. For example, if a willingness to travel frequently is a must, let the career candidate know.
Plan to give an hour to the interview. Prepare by making notes and be ready to take the lead in directing the conversation - you have the advantage of knowing all the right questions because you're an expert in your field. Share the questions as well as the answers.
by CNB