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Employers cannot be forced to provide a letter of reference, much less a subjective and positive letter of reference.
However, particularly if your employer has promised to provide you with a letter of reference to support your search for alternative employment, a court might well determine that their failure to live up to that promise should be recognized in the form of additional compensation payable to you. Courts are often prepared to reason that the failure to provide a substantive letter of reference, particularly in circumstances where it was promised, has added to the difficulty and length of the search for alternative employment and, hence, can easily rationalize providing an increased notice period or compensation to the terminated employee.
Unfortunately, short of pursuing litigation against your former employer, there is no agency or easy route through which you can enforce the promise.
Submitted by Norman Grosman, Senior Partner, Grosman, Grosman & Gale - Employment Lawyers. This article was originally available at and has been reprinted with permission.
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