Consortium Call Of The Month

MembersofLiebertCassidyWhitmore’sconsortiumsareabletospeakdirectlyto anLCWattorneyfreeofchargetoanswerdirectquestionsnotrequiringin-depth research, document review, written opinions or ongoing legal matters. Consortium callsrunthefullgamutoftopics,fromleavesofabsencetoemploymentapplications, disabilityaccommodations,constructionandfacilitiesissuesandmore.Each newsletter,wefeatureaConsortiumCalldescribinganinterestingcallandhowthe issuewasresolved.Allidentifiabledetailswillbechangedoromitted.

Question: Answer:

When a letter of recommendation is written for a former employee, should a copy be placed in their personnel file?

The attorney advised the nonprofit organization that we do not recommend that reference letters be kept in the employee’s personnel file. Instead, the organization can keep reference letters in a separate, confidential correspondence file or in a file that the person writing the reference letters (e.g., Executive Director) maintains with all of the reference letters they have written.

The attorney also advised that before providing any references to another employer, we recommend requiring the former employee to sign a waiver and consent form, in which the former employee should specifically waive their right to access the letter of reference.

Finally, the attorney advised if an employee or former employee requests to view their personnel file, they do not have a right to view letters of reference under Labor Code Section 1198.5.