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District Policies

Viewing Policy: SP 4112.61 Employment References



 

 

EMPLOYMENT REFERENCES

 

 

The San Benito County Superintendent of Schools or designee shall process all requests for references, letters of recommendation, or information about the reasons for separation regarding all employees other than himself/herself. All letters of recommendation to be issued on behalf of the Department for current or former employees must be approved by the County Superintendent or designee.

 

At his/her discretion, the County Superintendent or designee may refuse to give a recommendation. Any recommendation he/she gives shall provide an accurate account of the employee’s job performance and qualifications.

 

No employee shall write or sign any letter or memorandum which intentionally omits significant facts, or which states as facts, matters which the writer does not know based on his/her own knowledge to be true, relating to the professional qualifications or personal fitness of any person to perform certificated services, and who the writer knows will use the letter or memorandum to obtain professional employment.  (5 CCR 80332)

 

No employee shall agree to provide a positive letter of recommendation which misrepresents facts as a condition for another employee to resign or to withdraw action against the Department. (5 CCR 80332 see Labor Code 1050, 1053))

 

 

 

 

Legal Reference:

LABOR CODE

1050-1054 Reemployment privileges

CIVIL CODE

47  Privileged communication

CODE OF CIVIL PROCEDURE

527.3 Labor disputes

CODE OF REGULATIONS, TITLE 5

80332 Professional candor and honesty in letters or memoranda of employment recommendation

COURT DECISIONS

Randi W. v. Muroc Joint Unified School District et al., (1997) 14 Cal. 4th 1066

 

 

 

Policy Approved: 2-08-19