LAW 122 Chapter 1: Introduction to Law
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8 Feb 2012
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More surprisingly, if you unreasonably refuse to write a letter, or if you write an unreasonably brief letter, you may be held liable for reducing the ex- employee s job prospects. In any event, you need to be concerned about liability, about actually being held responsible. But you also need to be concerned about the possibility of being sued. y evaluation: having identified the risk of being sued for defamation, you may decide that a candid letter would nevertheless be legally acceptable. Even if they are not, you may be justified in sharing your suspicions with the other company. Furthermore, you may believe that the arguments in your favour are strong enough to discourage your former employee from suing you. y response: finally, having identified and evaluated the risks, you need to formulate a response. You can write a letter that does not mention your suspicions. Two exceptionally important strategies for shifting risks: insurance and exclusion clauses.
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