“Ghosting” Your Employer– an Increasing Trend

A recent Washington Post article about the increase of employees quitting without providing a two-week notice has many people talking. This increasing trend, called “ghosting” by many, isn’t something employers want to happen. But some employers worry about defamation lawsuits, if they share that an employee quit without notice, on an employee reference.

So what should you do if an employee does this to you? And are defamation lawsuits due to a negative reference something to be wary of? We asked employment law attorney Melissa Morales Fletcher of The Morales Firm, P.C. to provide us with some guidance on this.

“There are a number of reasons some employees do not provide advanced notice of their resignations such as medical illness, personal urgent family matters, or a hostile working environment. Employers are not likely to reveal that an employee may have been justified in resigning without notice.” stated Morales Fletcher.

And what about references? Are we vulnerable to litigation if we share what we believe to be the truth? She responded with, “Employers should be cautious when providing references or discussing former employees. It is best to disclose minimal information such as dates of employment and last rate of pay. Although some states have laws that protect such communications, providing too much information could give rise to a lawsuit that an employer will have to defend. There are ways an employer can encourage employees to provide advance notice of a resignation. Employers should consult with an employment lawyer in their state to discuss those options.”

While we hope this doesn’t happen to you and your firm, it’s always a good idea to know how to respond accordingly to a situation like this.

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