by Merel Keijzer - Littler

On December 13, 2019, the Dutch Supreme Court (ECLI:NL:HR:2019:1950) provided clarity on the issue of giving references for former employees. Even after the employment relationship has ended, the employer and employee must act in accordance with the principles of being a good employer and a good employee. For this reason, negative comments about the ex-employee could be classified as unlawful and lead to liability on the part of the employer. In this article, we will discuss points to consider when requesting and providing references, given the case law.