Questions and Professional Answers

• refusal for recommendation

  I am a teacher and coach at a high school- teaching for ten years. I have asked my Principal, Assistant Principal and Athletic Director for a letter of recommendation- TWICE. in which neither of them had written one. At this point when I inquire about it- principal says I'm not writing one, the other two just ignore it. I want to advance my career and need to fill out applications which all ask for recommendation letters- and now I can't- do I have a legal leg to stand on here with the men refusing to write a recommendation letter?

• Letter of Recommendation

  I have worked for a mortgage capitol company for almost five years, and am now interested in switching professions to become a teacher. However, because I make my boss such good money (this year alone I netted him over $500,000), I am concerned that he will refuse to provide me with a letter of recommendation. The Los Angeles Unified School District requires a letter of recommendation from your current employer before they can hire you.If my boss refuses to provide this letter because he does not want to see me leave, do I have any legal rights to force him to provide me with one?

  • Re: Letter of Recommendation

    No. tell him that if you cant be a teacher you'll have to settle for working for his closest competitor.

    Ken Koury
    Kenneth P. Koury, Esq.
    22425 Ventura Blvd., #286
    Woodland Hills, CA 91364

  • Re: Letter of Recommendation

    Talk to him before you jump to conclusions. You can't force anyone to give you a letter of recommendation.

    Keith E. Cooper
    Keith E. Cooper, Esq.
    P.O. Box 691237
    West Hollywood, CA 90069

• Regarding Administrative Separation from the Navy

  I have been recommended for Administrative separation due to personality disorder and adjustment disorder I have. A first letter of recommendation was sent about a three and a half weeks ago and a second letter of recommendation was sent last week. How long after that second letter of recommendation will the whole discharge process take?

  • Re: Regarding Administrative Separation from the Navy

    I would go to Base Legal or your Personnel Office and ask the Chief in Charge. he'll have the latest Manual up-dates.

    Robert Simpson
    self
    4565 S.E. 57th Lane
    Ocala, FL 34480

  • Re: Regarding Administrative Separation from the Navy

    The time varies from command to command. It can take a month or up to six months depending on the speed of processing at your command.

    Neal Puckett
    The Law Firm of Puckett and Faraj, PC
    2181 Jamieson Ave #1505
    Alexandria, VA 22314

• employment question

  A former employer gave me a positive letter of recommendation upon my leaving the position. I spoke to another former employer about going back to work at that place of employment. He told me that the person that wrote the positive letter of recommendation told him that I did not do as good a job as the letter of recommendation said. Do I have any legal action that I can take against this?

  • Re: employment question

    Absolutely, you should speak with a labor attorney about this issue.

    Philip Friedman
    Bonifield, Friedman & Leifer, P.A.
    3502 Henderson Blvd. Suite 203
    Tampa, FL 33606

  • Re: employment question

    Talk to a labor attorney; they'll give you your options.

    David W. Nance
    DWNance.com founding member of NanceGroup.com
    5700 Magazine Street
    New Orleans, LA 70115

  • Re: employment question

    NO. opinion is protected.

    Alan Wagner
    Wagner, Vaughan & McLaughlin, P.A.
    601 Bayshore Boulevard; Suite 910
    Tampa, FL 33606

  • Re: employment question

    NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.Probably not. Unless he made false statements or libelous statements, he is entitled to his opinion as to your work abilities.Scott R. Jay, Esq.

    Scott R. Jay
    Law Offices of Scott R. Jay
    1575 Northeast 205th Street
    Miami, FL 33179-2133

• Letter of Recommendation

  after our 9th receptionist left I was told they would not hire anyone eles that it was slow enough I could do both jobs, I am the administrator assistant. After 8 years they came to me and told me I had no vacation left and that if I went on my cruise, it would not be paid ( it states on time card that I have a remaining balance of 64 hours. I gave a two week notice with the understanding that I would be compensated for the vacation. They informed me not to come back. After one month I still have not recieved my final check for the last days of work or my vacation pay.I have since ask some of the agents, to give a letter of recommendation and they gladly said yes. After a week I wrote one back and ask about the letter and they were informed by the owner of the company that they better not give me the letter of recommendation. Can an employer tell someone not to give me the letter?

  • Re: Letter of Recommendation

    Your facts are not very clear, although I can put together enough of your information to understand that you have been laid off with pay still due you.Also, your former owner/boss refuses to let employees give you a letter of recommendation.As to lack of pay, you have the California law on your side. The fact that you have not been paid after one month is a violation of California law.As to the owner forbidding employees to write a letter of recommendation, the employer can control the actions of the employees, but he cannot slander you (that is "defame" your character. Legally, it would be important to find exactly what was said about you tho those willing to write letters.You need to run this by a labor attorney.Please feel free to e-mail, or call, my office if you need more help.

    Robert L. Bennett
    Law offices of Robert L. Bennett
    2117 N. Baker St.
    Bakersfield, CA 93305

• Images and Letters of Recommendation

  I worked with a life coach in 2008, enjoyed my experience with him and subsequently wrote a letter of recommendation for his services; I also gave him permission to use the letter on his website which included a picture of me. However, I now know that the man is a fraud, which is a bit unsettling. Question: How can I get him to remove my letter and image? I have emailed him telling him that I revoke permission, but they still remain there on his website. I don't know what steps to take next. Any help would be greatly appreciated.

  • Re: Images and Letters of Recommendation

    A letter from an attorney might help. I could do this for a small fee.Best,Daniel Bakondi, Esq.IMPORTANT:No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

    Daniel Bakondi
    The Law Office of Daniel Bakondi
    870 Market Street, Suite 1161
    San Francisco, CA 94102

• recommendation letter

  where would i send a recommendation letter, to try to get the probation dept. to reinstate my husbands probation? He is on probation in Dallas County.

  • Re: recommendation letter

    His attorney. The judge makes the decision on whether to keep someone on probation or not with advice from probation dept.

    Robert Tuthill
    Law Office of Robert H. Tuthill
    3730 Kirby Drive, Suite 1120
    Houston, TX 77098

  • Re: recommendation letter

    Send it to your husband's lawyer. I never allow clients or the family to directly communicate with the judge without first running it by me. (You'd be surprised the shocking things I have read in these letters).

    adrienne dunn
    Law Office of Adrienne Dunn
    6060 N. Central Expressway Suite 524
    Dallas, TX 75206

• Bad recommendation letter and/or No recommendation letter

  Hi, I have a question regarding recommendation letters. I know that a few months ago there was a ruling by the Supreme Court about this. I am a scientist and after terrible things my boss had done to me at work, I was fired. Now he is making a big effort so I will not get another job. I have arranged that someone will ask for a recomm. letter and write an affidavit about it. He refused to answer any question about my performance ( my performance was excellent and he stole my innovative work and results and put himself and some important friends of his as authors on the publication and wrote a grant based on this work ). For all the professional questions about me, he sent this person to ask Human Resources. How lay people can answer questions like these without scientific background and without knowing me? Another interestingly, he did tell him that I am not eligible for rehire, which is not true. And that this is the policy when an internal inquiry occurred. He only forgot to mention that this inquiry occurred because I asked for it and that he was kicked out of the department and was hired by another one, since he still had money for research. A letter was also sent to Human Resources to ask for a recommendation letter together with my authorization on October 20, 1997 -No answer. In light of that ruling, are my boss and the Hospital I worked in, offenders? What is the penalty for that? how can I seek for my rights and get compensated?

  • After being fired, bad or no recommendation letter

    You supply a lot of information in your question, and you raise several issues. I see these as being the taking ofyour work by your boss, then you were fired (improperly?),and now there is a conspiracy to keep you from getting a job.

    It is likely that the work you did belonged to your company, and that your boss has a right to use it any way that he sees fit. If the work you did was outside your scope of employment, or if you had an agreement whereby your ideas were your to keep, and do not belong to the company, or if the ideas were outside the scope of your job, or if other special situations apply, then you may "own" the ideas, and maybe can get them back or keep your boss from using them. This depends on what the ideas were, what your employment agreement was, and other factors.

    You may have been fired in violation of your contract (if you had one), or in violation of an implied contract. If so, you may have a legal remedy. If you are an "employee at will", you can be let go for no reason at all, and you may have no remedy. If you were terminated for some sinister or illegal reason, then that may be different.

    With regard to the letters of recommendation, a lot of this depends on who you steer potential employers to talk to, and what you say about why you left (be careful here, don't say something that can get you in trouble legally). A manager can refuse to give a recommendation, and can refer callers to human resources. There is nothing illegal about that. When you give someone a name to contact, you are giving a kind of "permission" for that person to give their opinion of you. It is hard to dispute their opinion, after all it is their opinion, and you indirectly asked for them to give it to someone you seek a job with. An attorney could be very useful to you in helping you negotiate who you can refer potential employers to, and what they will say about your performance. Companies would usually rather agree to some compromise, rather than face the risk of a lawsuit.

    Your future career is probably in the balance. Please get the help of an attorney, who can give you professional advice tailored to the specifics of your situation.

    This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

    Thomas Workman
    Law Offices of Thomas Workman
    41 Harrison Street, Taunton, MA
    Taunton, MA 02780

• Give a letter or recommendation and then bad references?

  I left my last employer after about 1 1/2 years. My boss and I didn't always see things the same but I thought things were ok. One day I get called into a meeting and get written up for basically not keeping all of my ''users'' happy. I was a network admin. Oh, and we have a new guy starting Monday and I need you to train him. Ok, I'm not dumb so I gave notice or resignation the next day with the intent of leaving in basically 12 days (end of month). So I train him and my boss when asked gave me a letter of recommendation that he asked me to write and he signed. So things were good...I left on good terms. No 6 months later and I've had a bunch of companies really interested and they die when I give references. So I had a service check him out and he's saying I have very little technical ability and can't get along with people! I even still have his letter of recommendation! Do I have a case in trying to file suit and recoup some of my lost income?

  • Re: Give a letter or recommendation and then bad references?

    If you had been discharged, I would say you have a "black listing" claim. I suppose it would be possible to argue constructive discharge, but I think the best approach would be to allege defamation of character. Although this defamation is "per quod" (must prove damages) and not "per se" (damages are presumed and need not be proved), the loss of several employment opportunities should be enough to establish damage. Please feel free to contact me at the below e-mail address if you would like to pursue this matter.The information provided by Haskin Lauter LaRue & Gibbons (“HLLG”) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. HLLG is not taking and will not take any action on your behalf and will not be considered your attorney until both you and HLLG have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain HLLG on terms acceptable to HLLG, you should immediately seek the services of another attorney.

    Kenneth Lauter
    Haskin Lauter & LaRue
    255 North Alabama Street
    Indianapolis, IN 46204-2131

  • Re: Give a letter or recommendation and then bad references?

    You ex employer made a very serious (and foolish) mistake. They have, essentially, defamed you with what amounts to a black-listing in the work community. I'd say you most certainly have a claim and should pursue it. See a lawyer immediately.

    Voyle A. Glover
    Attorney at Law
    101 W 75th Pl
    Merrillville, IN 46410-4775

• Employers liability from letters of recommendation

  I was wondering what possible areas of liability an employer would have from writing a letter of recommendation for a former employee? And is any potential liability reduced by a favorable reference?

  • Re: Employers liability from letters of recommendation

    Write a good [false] reference for a bad employee just to keep him from suing you, and you could be sued by the next company for misrepresentation or worse. Write a bad review, you get sued because it harms the guy's employability. It's a no-win situation many companies handle by only confirming employment.

    Terry A. Nelson
    Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648