Not all reference letters are created equal

It doesn’t matter how many years you’ve been in the workforce, or what kind of career you’re in – or wishing to pursue.

In an ever-competitive market, you’re looking for any way to give yourself that competitive advantage, something that’ll get you that coveted job interview.

Bolstering that resume with a letter from a former employer can pay dividends. Maybe. Because the type of letter you receive can determine how attractive, if at all, you are to a prospective employer.

Be sure you understand that letter can fall into one of two categories: a letter of reference vs a letter of employment.

The former is a glowing testament to the positive contribution you made to that employer and how they enthusiastically endorse you to the next one. The latter is more a more sober, facts-only letter detailing simply that you were employed there, and what your duties were.

Keep in mind, too, that not receiving the more attractive letter of reference may just be that employer’s policy: they don’t provide them for anyone.  

If that is the case, the employer must ensure that letter of employment includes mention of their “no letters of reference” policy. Indeed, one Ontario judge ruled in favour of a former employee when his letter of employment didn’t include that information. The judge reasoned that its ominous omission actually jeopardized his prospect of future employment. Minus mention of the policy, the court argued, the letter, leaves “the reader with the impression that (the former employee) was at best mediocre,” adding that it actually “is damning in the (former employee’s) job hunt.”

The Court also deemed that the former employee’s chances of landing a new position in his field were, contrary to what his former employee claimed, hampered by his age (he was in his 50s). So, a proper letter was even more essential to him and his job hunt. 2025 ONSC 4889 (CanLII)

And if you’re that employer who figures the best way to avoid any conflict – or day in court with an ex-employee – is to simply provide a flattering letter of reference, think again. Stretching the truth – or outright lying – about a former employee’s job performance could come back to haunt you. Their next boss could force legal action against you if they soon learn their new staffer is, for example, habitually late, harasses colleagues or drinks on the job. And while some objectionable observations might be more nebulous – (not being “a team player” may be difficult for a Court to determine) – it all comes down to how a judge will rule. In short, tell the truth, leaving nothing to misinterpretation. Or stick to providing only a letter of employment – one that must include a sentence noting your policy of not writing letters of reference.

And if you’ve just landed that new job, be sure to learn what kind of letter – if any – awaits you on your last day.

More information?  We’re here to help – litigation@wardlegal.ca 

This WARDS LAWYERS ^PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.