Normally (but not always) there will be a clause in a transaction agreement confirming that the parties to the settlement agreement will not be allowed to make „derogatory“ comments, either orally or in writing, with respect to the other, after the signing of the transaction agreement. This is important to be correct, and this is the case especially when the worker and/or employer are high level in nature and want to maintain their respective reputations. One of the worrying problems faced by workers in the face of an unexpected termination of the employment relationship is that the worker must obtain information from the former employer in order to secure a new job. This is a difficult and potentially problematic issue for obvious reasons, but it is a critical detail that can be trivial for the employer, but essential for the worker. Takeaways: Neutral reference provisions are often a necessary evil in employment contracts. It is important to design these provisions carefully and to inform those who need to know the destination and its terms. Also consider continuing to protect yourself from violations by hiring the complainant to forward all job requests to a person, preferably to a high-level position. This person may be advised not to make any subjective or foreign comments to such an investigation. In fact, it would be difficult for a jury to have an admissible reference include the story of Furst`s trial against his former employer. The termination date of your employment relationship will also be an important topic in transaction negotiations, for a number of reasons: among other reasons, it will determine when you will leave your employer and it will determine the date on which you receive salary and benefits. Lance Manion, the lawyer at the house, was in the office as usual.
After several sips of coffee, an iced doughnut and a ski over the morning e-mails, Manion turned to his mail pile. There was a letter from a work counsellor asking for information about a former co-worker, Sue Furst. Two years earlier, Furst had settled a complaint against the company (his second lawsuit). In the transaction agreement, the company agreed to respond to reference requests in accordance with its policy – that is: The indication of employment data, last position and final salary. The company also agreed that no one would indicate that Furst was fired or fired. Of course, confidentiality will generally be of the utmost importance to the parties to a transaction agreement – the employer wants the worker to remain confidential about the terms and grounds of the agreement (and sometimes even the existence of the agreement), and the worker, in turn, will often want to ensure that the employer`s ability to say what he wants about the existence, conditions or reasons of the agreement is limited. It will therefore generally be necessary to ensure that the confidentiality clause adequately protects the worker and the employer. However, the Court of Appeal set aside. First, the limitation of the concept of „reference“ to applications from potential employers was, in the Tribunal`s view, too narrow an interpretation of the agreement. According to the Tribunal, the information Manion shared with the advisor was indeed a reference. Second, the contract did not know whether Manion could say more and whether a jury could decide whether, at the time of the transaction, the parties had a reasonable „intention“ to authorize such „additional“ references.
In short, an employer owes the worker a duty of care to exercise diligence and skill in his presentation. A reference must therefore be truthful, correct and fair. Failure to comply with this obligation opens the employer`s request. In addition, a request may be invoked by the potential employer if the reference contains inaccurate information that ultimately results in financial losses! For example, an incandescent reference for a low-performing employee.