36 — Sunday, January 31,

EMPLOYERS i in B.C.
should probably think
twice when giving job
references if they want
to avoid getting sued.

A recent decision in
England’s top court on the
Spring vs, Guardian Assurance
ease found that an employer
who fails to take reasonable

-eare when preparing a refer
ence for a tormer employee i
liable if the employce- loses
new job opportuni )
result.

_ It’s expected that Canadian
courts will follow this deci-
sion,

Tr all started when Mr.
Spring was fired from his job -

as sales director and office
manager with an insurance
agency,

2 The insurance agency had
recently been taken over by:
another company, and he did-
wt get along with his new

~ boss. To obtain a similar job,
he needed a letter of refer-
ences:

. However, the reference he Le

: was given said he had little or
no integrity and couldn’t bes
regarded-as honest. Not sur- *

as “prisingly, Mr. Spring couldn’t “-

land another position selling
insurance for different compa-
onies. He sued his employer for
; negligent misreépresentation.
: One issue the English. *
“court wrestled with was

1999 — North Shore News

whether employers would be

liable to the employee. But
the possibility employers may
feel inhibited about making

unfav: ourable comments was-

n’t enough to dissuade the
court from imposing a duty of
care on them,
 Eruplovers must. be caretul
they don’t make false state-
ments or negligently express
opinions, which, while honest-
ly believed, are unfounded. °
So, Ww hhat care should you
take when providing a reter-
ence?”
One option, of course, is

_ simply not.to provide one. But

this may be impractical in
today’s job marker. References
are. routinely required as a pre-
condition to being hired, and
you may not wish to jeopar-.

_dize'a former employee's
“chances of fresh employment
by withholding a reference.

‘Therefore, if you decide to

‘give a reference, the following
suggestions may help protect

you from being sued:

@ If your acquaintance is limit-
ed, state the short time period
you have known the employee
or the limited circumstance

B Make sure you have the evi-
dence 10 support any
unfavourable comments you
make. For example, before
stating ‘that an employee is
habitually late, youd want to
have well-documented facts
concerning the dates, expected
start times of work or appoint-

“ments, and actual time of
“arrival.

@ If the reference contains

‘negative views based on advice

you've heard from) someone

else, check with the source of
“the advice to ensure his or her
comphint is accurate. Dan’t |

rely on second-hand apinions.

B Consider appoinung one
person to be in charge of writ-
ing and giving « references.
instruct him or her in the pro-
cedures to. be followed to
ensure reasonable care.is taken.
@ And finally, consider getting
a signed disclaimer of liabili ty
from both the employee and
the person wanting: the infor-
mation about him or her.

-— This colismn is written
with rhe assistance of the. North
Vancouver law firm of Ratcliff
> Company, Suite 500,221 ~
Wesr Esplanade, 988-5201, The
column provides information
only and is not to be relied on

‘for legal advice,

$4000 DOWN

5328

$1000 down, $199 per month or
$0 down $222 per month ‘
Vatue Package Includes:

AM/EM cass, dual overhead

cam, 16 valve engine, full

wheel covers, remote mir--

tors, split rear seat

$1500 DOWN

*188

# per mo./48mo. lease
g 4.8% Financing

1

1999 Toyota 1 Tercel

$1000 dawn, $240 per month or
$0 down $265 per month

Value Package Includes:

AM/FM cass, intermittent

wipers, 1.8 litre dualover-

head cam engine, 4 speed : sas!
automatic transmission

$2000 DOWN

*216

per mo./48mo. lease
4.8% Financing

“4999 Toyota Corolla
B.C's #14 Selling Car: ;

$2000 down, $375 per month or
: $1000 down $398 per month

Value Package Includes:

AM/FM cass/CD, anti-

lock brakes, power win-

dows/locks/mirrors, air

cond, anti-theft system, §

full time 4-wheel drive’

per mo/48mo. lease
5.8% Financing

~v North Shore's s Best a ecie
v North Shore’ s Best Prices:

90 PONTIAC FIREFLY
All season fun & economy,

- only 74,000 km, 5 speed, alloys, : ="
J ‘ocal one oviner 514.485

95 NISSAN MAXIMA GLE
5 Fully loaded,’ beautiful car.

‘$7, 895 priced to'se
‘educed to

Based on up to 36 month financing OAC. Laase payments of $188/$199/$222 for 1999 Tercel BCSSLP (B) based on'48 month leases. Total lease obligations:

$10,524, $10,552 and $10,656, Lease payments cf $218/S240/S265 for 1999 Corolla VE BA12ZEP (A) based on | 48 month leases. Total lease obligations are

eases, Total leases are $19,744, $20