Occasionally, I’ll get a question from a manager or an HR team about whether it’s OK to provide a Job Referral letter or a Letter of Reference for a former employee. Doing so can invite danger, so with this article, CAPTAIN HR is sharing what the law says and providing suggestions about how to handle this kind of request:

When an employee leaves, they often ask for a “Letter of Reference." I typically advise against writing those letters. And I also recommend avoiding a written statement that an employee is “eligible for rehire.” Unless you have a clear policy outlining ‘rehire eligibility requirements,’ I encourage you to avoid using that phrase.

Instead, write a brief letter confirming that the employee:

- met job expectations,

- followed attendance policies, and

- left on good terms.

That’s presuming all the above is true.

Some states, including Georgia, have laws that offer legal protections to employers for the contents of a Referral or ‘Letter of Reference.’ According to Georgia Code, if an employer discloses FACTUAL information about an employee, there’s a presumption of good faith. Specifically, the Georgia Code allows employers to disclose FACTS about:

- Job performance,

- Violations of GA law, and

- Employee’s ability to perform the duties.

Providing anything beyond FACTUAL details could imply bad faith. If you REALLY want to give that former employee a ‘Letter of Reference,’ be safe and stick to “just the facts.”