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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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I am hiring a friend for a contingent temporary job over seas.

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I am hiring a friend for a contingent temporary job over seas. This friend has accused me of not being professional, responsible and being a party animal. Although we temporarily resolved the issue, I would like to address her complaints in a formal manner so in thh future if she brings up similar attitudes about me there is documentation.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

Are you looking for a sample letter, or are you wondering if it's a good idea to deal with the issue in writing or only orally?

Customer: replied 1 year ago.

I would like advice on how to deal with it in writing, and a sample letter.


 


Also, i want to address the manner because the future employee/friend made ti seem like i was not communicating with her which i was doing.


 


 

Expert:  socrateaser replied 1 year ago.
Okay, thanks.

First, you don't really have any obligation to explain yourself, because except for the possibility that the employee may be trying to dig up grounds for a discrimination lawsuit, the sort of allegations you are suggesting don't provide any basis for a complaint by the employee. Were I your in-house counsel, I would probably advise that you not respond at all, because there's no legal reason to do so. And, frequently, when you put something in writing where it is not required by law to do so, you end up providing evidence to your adversary that you could have avoided entirely.

That said, you could write something like:

[header, date, To: From:, etc]

Dear [name]:

Recently you made certain disparaging statements concerning my character and conduct inside and outside of the workplace. I pride myself on being a neutral and dispationate decision maker in performing my job duties, and I do not bring personal matters into the workplace. While I cannot prevent you from commenting negatively about me directly, please be aware that if your comments reach third parties and my reputation is injured as a consequence, I shall have no alternative but to take legal action to protect my reputation.

Concerning this particular incident and your application for employment, my decision is based solely on your qualifications, experience, training, education, and the like -- to perform the job. To the extent that your comments about me may cause me concern about your ability to perform the job for which you have applied, I must consider the comments in that context. However, I have no interest in trying to block you from the job. My intention is to hire the most qualified person, because that is my obligation to my employer.

I hope that this does not affect our personal relationship, and that you understand my position.

Sincerely,
[Yourname, Title]
[Employername]

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34819
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok thank you! I will rate to finish this later. I have not been able to reach my in-house.


 


 

Expert:  socrateaser replied 1 year ago.
I don't understand your comment. All you have to do is click a smiley face and you're done.

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