A Legal Examination of Two Cases Involving Employment References

Abstract

The subject of employment references has given rise to important court decisions in recent years in both Britain and the United States. This paper looks in detail at two cases, one British and one American, and discusses some of the legal issues and problems that may arise in the writing of references as a result of these judgements. The practical implications of the cases for schools are considered. The paper also discusses the introduction of ‘no comment’ references, which are becoming increasingly prevalent in the USA. In these, employers refuse to provide detailed information for former or departing employees because of the potential fear of exposing themselves to liability. The difficulties and problems that such references can cause for school districts and teachers are touched upon.