In an era of algorithmic hiring and artificial intelligence screening, one of the most consequential steps in the employment process remains stubbornly human: the reference call.
At a time when resumes are parsed by software and interviews are conducted by video — sometimes asynchronously — the reference call is often the only moment when one human being speaks candidly to another about a candidate. No branding. No LinkedIn polish. Just opinion.
That makes references both powerful and perilous.
Let us begin with a question employees frequently ask: Are they entitled to a reference?
The answer, in law, is no.
An employer is generally under no obligation to provide a reference, glowing or otherwise. Many organizations, guided by risk-averse counsel, have adopted what is colloquially known as the “tombstone” reference: confirmation of dates of employment, position held and salary — nothing more. It is the corporate equivalent of name, rank and serial number.
But here is the twist. While there is no freestanding legal entitlement to a reference, courts have occasionally treated the absence of one as a factor in assessing reasonable notice ie the amount of severance, in wrongful dismissal cases.
If an employee’s ability to secure new employment is impaired because an employer refuses to assist at all, that can lengthen the notice period. Employers who believe silence is the safest course should understand: it is not always cost-free.
In one recent Ontario Superior Court...
A federal grand jury subpoenaed records from the Arizona Senate's debunked "audit" of the 2020 election in Maricopa County amid fears that the Trump administration will attempt to assert control o...