The employment reference letter can cover topics such as:[3] In some countries, elements of performance are evaluated using established forms of expression, sometimes euphemistic.
Depending on context and issuer, letters can be either: For example, a German Arbeitszeugnis is usually issued automatically to a leaving employee, and is therefore not addressed to a particular requester.
[1] Finland,[7] Germany, Austria, Switzerland, Hungary[8] and Bulgaria are the only countries in Europe where employees can legally claim an employment reference, including the right to a correct, unambiguous, and benevolent appraisal.
[9] While there is no common law duty to provide a reference,[10] the Supreme Court of Canada has held that a refusal to do so may constitute "conduct that is unfair or is in bad faith" with respect to a wrongful dismissal, and thus "indicative of the type of conduct that ought to merit compensation by way of an addition to the notice period.
"[11] There is a duty of care to ensure that, where one is provided, it is accurate and fair and not give a misleading impression,[12] as held by the House of Lords in Spring v Guardian Assurance plc.
[13] If an employer goes beyond what a reference should contain, or if it gives inaccurate or misleading information, liability may arise in the areas of breach of statutory duty, negligent misstatement, deceit, defamation or malicious falsehood.
[15] As a result, together with the duty of care under Spring, many organizations have issued guidance as to best practice to be undertaken by reference providers.
[18] In another case, the Court of Appeal of England and Wales has held that "a reference must not give an unfair or misleading impression overall, even if its discrete components are factually correct.
[22] The Court of Appeal has further held that, if an employee leaves when an investigation is ongoing but has not been concluded, or where issues arise after an employee leaves that have not been investigated, employers can disclose this information but should do so in a measured and fair way, which will be particularly important if to omit this information would mean providing a misleading reference.