Letters of Recommendation: A Delicate Balance
In the professional world, most of us have experienced the process of requesting or being asked to write a letter of recommendation. These letters are treasured for their ability to highlight an individual’s character, skills, and accomplishments. Crafting one can be a reflective journey, evoking shared positive experiences and celebrating the impact a colleague has had on the team and the company.
However, despite the best intentions behind issuing a recommendation letter, not all recipients may have the same honorable intentions. This brings us to a crucial lesson on when and how to issue these letters, especially in a global talent landscape.
A Cautionary Tale
Consider this scenario: A line manager, eager to support a worker going through an offboarding process, issued a recommendation letter without consulting the legal employer of record. The offboarding process was not yet finalized (a mutual agreement was in place for this individual in Germany). Unfortunately, the worker changed their mind and, armed with the recommendation letter and support from an employment lawyer, threatened a lawsuit for unfair dismissal. This oversight turned the termination into a costly and complicated ordeal.
Best Practices for Issuing Recommendation Letters at the end of an EOR engagement.
To avoid such pitfalls, we advise adhering to the following best practices:
- Wait Until Offboarding is Finalized: Ensure that the offboarding process is fully complete before issuing any recommendation letters. This includes waiting for confirmation from the employer of record that all local processes are concluded.
- Confirm Documentation: Verify that the worker has signed all necessary documents to end the employment relationship. This step is crucial to prevent any legal complications.
- Maintain Communication: Keep open lines of communication with the legal employer of record and the HR department to ensure all actions are aligned and compliant with local regulations.
By exercising patience and diligence, you can still support your colleagues with heartfelt recommendations while safeguarding against potential legal issues. Remember, a little delay can go a long way in ensuring a smooth and trouble-free offboarding process.
Final Thought
The act of recommending should remain a positive and supportive gesture. By following these guidelines, you can keep the spirit of giving alive while protecting your organization and ensuring a fair and respectful transition for all parties involved
