Can an employer refuse you a reference if dismissed for gross misconduct on POTENTIAL LOSS of company monies?
No U.S. company is compelled to provide a reference regardless of the disposition of the work history. This includes those states with “right to work” laws which are aimed at preventing employers from controlling whether or not an employee is a union member. U.S. companies are increasingly shying away from issuing references and, especially, recommendations as they can generate legal liability. This, following a series of suits successfully brought against old employers (the recommenders) by the hiring company when the employee turns out to be a dud. In England, it looks like an employee is entitled to be provided by his or her employer ONLY with a written statement giving particulars of the reasons for the employee’s dismissal whether or not any notice of termination is given prior to termination. You may want to look at the Employment Rights Act of 1996 for further details.
