3. Are employers under a legal obligation to provide an employee with a reference letter at the end of the employment relationship? Are they under a duty to exercise skill and care in preparing it?
Employers have no legal obligation to provide a reference letter. However, if an employer used to give reference letters to all but refuses to give one to a particular employee, he or she may, in some particular circumstances (for example, where the person is the only disabled employee in the company), should seriously consider if such refusal would amount to discrimination.
If employers choose to give reference letters, they should ensure that the contents are accurate. If not, they may be liable for negligence.
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