Federal Rules of Evidence - Character Evidence: Rule 405 governs methods of proving character, which is crucial when providing testimony about an employee's conduct and reputation
Federal Rules of Evidence - Lay Witness Testimony: Rule 701 governs opinion testimony by lay witnesses, relevant for employers providing non-expert observations about employee conduct
Federal Rules of Evidence - Hearsay Exceptions: Rule 803 provides exceptions to hearsay rules that may allow certain types of testimony about employee behavior and performance
Fair Labor Standards Act: Federal law governing wage and hour standards that may be relevant when discussing employment history and performance
Title VII of the Civil Rights Act: Anti-discrimination law that must be considered when discussing employee characteristics to avoid discriminatory statements
Americans with Disabilities Act: Federal law protecting rights of individuals with disabilities, relevant when discussing any accommodation-related matters
State Employment Laws: Specific state regulations governing employment relationships that may affect content and scope of recommendation
Privacy Laws: Regulations protecting employee privacy rights and personal information that limit what can be disclosed
FERPA: Family Educational Rights and Privacy Act governing disclosure of educational information if relevant to employment
Defamation Laws: Legal framework protecting against false statements that could harm reputation, including libel considerations
Truth Defense: Legal principle establishing truth as an absolute defense against defamation claims in recommendation letters
Qualified Privilege: Legal protection for statements made in good faith during legal proceedings, including court recommendations
Professional Liability: Legal obligations regarding duty of care in making statements and potential liability for misrepresentation
Confidentiality Obligations: Legal and ethical requirements regarding protection of sensitive company and employee information
