Business Rules for a Letter of Referral

Legal Issues

Letters of referral must not disclose private issues about the subject of the letter, such as medical history, age, race, nationality, marital status, gender or religion, according to Letha S. Kramer, J.D. and risk manager with the Carle Foundation Hospital and Carle Clinic Association. Defamation of character is also forbidden in referral letters; this includes any information that harms the reputation of the person in question and that is substantially untrue. However, a writer who provides a negative letter of referral may not be subject to legal action if his statements are based on an evaluation of the individual's work, are job-specific, are “disclosed to prospective employers to satisfy legitimate business needs,” are not intended to be malicious and can be proven accurate.

The Family Education Rights and Privacy Act of 1974 (FERPA) gives former students the right to consent to disclosure of their educational records, which includes letters of referral. These students are often required by their schools to waive their right to view the letters, as this ensures the writer will be honest in the letter.

Before attempting to write a letter of referral, make a list of the information you wish to share. Include how you know the person and how long you have known her, what makes her exceptional in her field, in your opinion, and what your own qualifications are to judge accurately her performance. While a letter of referral should be kept to one page in length, elaborate on her positive qualities by listing a few specific examples that demonstrate her expertise and skill.

Letters of referral should follow a standard business letter format. Create a header at the top of the page that includes your name and contact information, followed by the current date and an “inside address,” which should include the recipient’s name, title and company address. Open with a formal salutation, such as “Dear Mr. Johnson, followed by an introductory paragraph that explains who you are, why you are writing a letter of referral and whom you are referring. The body of your letter should include your professional opinion of the person, including examples. The letter should end with a closing paragraph that thanks the recipient for his time and indicates whether you are available to discuss the person further.