History Reference Employee For Poor Performance
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
Tell the employee the reference will be negative. Instead, tell the employee you can't write a positive reference. This will give the employee a chance to choose someone else for a reference.
An employer can provide a negative reference as long as they can back-up their reference with evidence such as poor performance letters or records of any disciplinary action. However, there is no need to provide extensive details; stating the basic facts (eg job title, dates of employment, salary) is fine.
This may include: Poor standards of work, e.g. frequent mistakes, not following a job through, unable to cope with instructions given. Inability to cope with a reasonable volume of work to a satisfactory standard.
Stick to the facts For example, when the employee worked for you, job title and a description of their role. When writing this be aware that a former employee can take you to an employment tribunal, or sue for 'negligent misstatement' if they feel any discrimination took place or the information given was misleading.
Although you can certainly provide a negative employee reference, you should consider refusing. Writing a negative reference carries potential legal liability. For example, you could be sued if you exaggerate your criticism or if you misrepresent any fact.
