Giving references: 8 tips to avoid pitfalls

While there is no legal obligation for you to provide a reference for an ex-employee in Canada, most people do it as a measure of good faith to help the former employee find a new job. Being able to provide good references will not only help your former employees move onto their next position, but it can also help you ask for and recognize a quality reference when searching for your next employee.

Note that in Quebec, the Employment Standards Act requires an employer to provide a Certificate of employment to an employee who requests one. The certificate must state only the job title and the length of employment.

Here’s how to give a good reference:

1. Obtain signed consent of the former employee before sharing information.
2. Never say anything you cannot factually back up with evidence. If an employee’s behaviour or performance is misrepresented, they could have grounds for a legal claim of defamation.
3. Keep your feelings out of it. A professional reference should not reflect personal biases.
4. Do not reveal any sensitive or confidential personal information about the employee.
5. Don’t answer questions you are uncomfortable answering.
6. Only answer questions you have been asked.
7. Don’t say anything you would not say directly to the former employee.
8. Apply the same reference policy to all employees to avoid claims of discrimination or unfair treatment

Reference Policy

There can be some risks to giving references. Sharing information about a former employee needs to be done in an ethical and legal way. You want to avoid risks such as being accused of violating someone’s privacy or discriminating against someone’s human rights. The best way to limit any risk in giving references is to set up a policy that creates a standardized reference procedure. This policy will ensure consistency and help avoid exposing you to liabilities. 

Your policy should cover:

• Who can give references and who can’t.
• The need to obtain consent from the employee before providing the reference.
• How references will be provided – written, verbal, or both.
• What information should and should not be included in the reference:
  • Do not share personal employee information (family status, religion, cultural, sexual orientation etc.).
  • Do not express your feelings, share workplace stories, or gossip about the former employee.
• Limiting information to employment-related specifics:
  • Start and end date of employment
  • Position held
  • Duties and responsibilities
  • Skills and work habits
  • General performance levels
• Emphasize the need for references to be fact-based and consistent across similar positions and situations to avoid potential discrimination or defamation claims.
• Keeping copies of references, both written and oral, for a suitable amount of time.