Question about Law: Legal professionals only please?
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Question about Law: Legal professionals only please?
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Is there a duty upon a person who recommends another person for a job to ensure that the person is qualified and honest?
and...
If the hired person becomes a problem at the place of work, does the person who recommended them have a duty to investigate?
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V.T.V.RAM
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It is not the duty of the person who recommends another person for a job to ensure that the person is qualified and honest. It is the duty of the employer to verify these aspects. |
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michr
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in a legal sense:
NO, it is the employers duty to check work references and background
and
NO, that is the employers duty as well.
however.........
it is illegal for a reference provider to lie or knowingly provide untruthful information to a prospective employer.
it does not matter if the reference provider is providing positive or negative information it must be the truth.... and if the information is inaccurate and the provider knowingly provide it they can be held liable. |
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Jack P
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If you vouch for the person's character and qualifications, some courts may find an undertaking there and hold you liable.
It's always best to preface a recommendation with "In my opinion," or "Based on my experiences with this person..."
It could be risky to say "I know this person is trustworthy," or "This person has all the qualifications for the job"
Make it clear that it's your opinion/perceptions only, and you're fine.
Duty to investigate? No. |
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Additional Details
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No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
