Checklist for References
Drafting notes
This Checklist canvasses some of the common issues encountered when it comes to requesting or providing an employment reference.
Requesting references
Checklist | Notes |
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It has become common practice for an employer to give a reference in respect of an employee or former employee almost as a matter of course, unless there are good reasons for not doing so. | |
Check whether the references are required before employment commences—they usually will be and so any offer letter should contain a statement that the offer is conditional upon and subject to receipt of references satisfactory to the employer. The statement must be made to the employee before they accept the employment, so that it becomes a term of the contract. If the employment is started before those references are received, the employment contract should provide that, if unsatisfactory references are received, the employer has the right to dismiss without notice. |