It might make you feel good to “tell the truth” but do you want to be responsible for back balling someone? That is essentially what you are doing when you give them a negative reference. You are keeping them from getting another job. Maybe they didn’t work out with you but they might somewhere else if they get the chance. Everyone deserves a chance to learn from their mistakes and grow. If you cut them off, they don’t get that chance.

A big fat lawsuit, unless you have the kind of proof that will stand up to a silver throated slick tonged high paid lawyer. You could be RIGHT and still end up paying out thousands of dollars defending a lawsuit that you might actually end up winning after enough time and money spent.

Easier/safer/more profitable to just stick to the basic truth that all large companies furnish: 1- Time started working; time ended employment, 2- Verify the salary history the employee gave them (don’t say what they made; just “Yes, that’s correct” or “No, that is not correct, it was less/more than that, and 3- The position they held at the time they left.

Most companies don’t even answer the old “Is he eligible for rehire?” question any longer. I know a guy who was fired from WalMart for stealing, and he’s now a manager at Kmart because Walmart wouldn’t report the “reason” he was no longer with them. Only provided the three basic questions.

Why put yourself at risk of paying to fight a lawsuit. And paying much much more if the person wins the suit?

You open yourself up to a large lawsuit. Other than that. Nothing…. The best you can say is that they do not have rehire rights.

Depends ,
Do you have the documents to back up the neg reference if you find them suing you ?
If you have the documents to win in court , go ahead .

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