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Re: FWD: What to do about a recommendation?

Subject: Re: FWD: What to do about a recommendation?
From: "Bryan Sherman" <bsherm -at- gmail -dot- com>
To: techwr-l -at- lists -dot- techwr-l -dot- com
Date: Tue, 24 Oct 2006 08:36:58 -0400

IANAL, but I am not sure that I agree with Dick that it would be a legal
issue.

If they are asking you if they can use you as a reference, and you explain
the reasons why you could not, I am not sure what basis they would have for
a suit. You let them finish the contract, and you explained to the them
privately where they could improve.

IF, however, some company called and ask for a reference, and you told THEM
why you weren't giving a reference, that would leave you liable.

imho, the "right" thing to do is explain why you cannot give them a
reference. You are honest, and you have provided the contractor with
valuable information they can use to improve. The ideal situation is to have
dealt with it while they were on the project, that would have potentially
help you as much as them. Then again, I do understand the contractor-company
relationship, and part of the attraction is you don't have the
responsibility to "develop" the contractor like the employee, in theory they
come in ready.

Bryan

On 10/24/06, Dick Margulis <margulisd -at- comcast -dot- net> wrote:


Unfortunately, your only real option is the first. No, with no
explanation.

You can soften the blow by dissembling (polite euphemism for lying),
telling the person that it's your company's policy not to provide
references for contractors or that it's your personal policy to avoid
exposing yourself to lawsuits or whatever. But in today's litigious
atmosphere, you really can't risk doing the human thing, which would be
to sit down with the person and explain what the shortcomings were and
how they might constructively be addressed to improve future performance.


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References:
FWD: What to do about a recommendation?: From: Administrator at TECHWR-L
Re: FWD: What to do about a recommendation?: From: Dick Margulis

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