Welcome to Littler´s Employment Law Quiz! Fine-tune your knowledge of employment law while improving your employee relations skills at the same time. You can test yourself or send this quiz around to your managers. Good luck!

Preventing Workplace Violence

Sally was laid off shortly after the employer learned that she carried a gun in her purse. The employer had a policy against bringing a gun into the workplace. A former supervisor of Sally´s received a call from an acquaintance in another company asking for a reference on Sally. Which of the following responses is the most legally appropriate?

A. State only that Sally was laid off and nothing more.

B. Offer only personal opinions on Sally´s performance. Make it clear that the supervisor is not speaking for the employer.

C. Fully disclose that Sally had brought a gun in her purse and that proper care should be taken in hiring Sally.

D. Refer the call to Human Resources without comment.

E. Say nothing unless a formal letter of reference was given to Sally.

D is the best answer. The law regarding statements about former employees varies among states. A disclosure about the lay-off without reference to the weapon could lead to a claim against the employer for negligent misrepresentation when knowledge of the gun existed. Human Resources (in consultation with legal counsel) will be in a better position to evaluate whether any disclosure is appropriate. Such a policy will also insure consistency in the manner in which such inquires are handled.