1. You are asked to give a job reference for Susan, a good worker whom you had to fire for her unexplained absences. You are only asked about her ability to perform the role.
A JABE Perspective
One's legal obligations in giving a reference are quite extensive and one has a duty of care to both the prospective employee and employer.
You must be truthful, express opinions based on verifiable facts, make sure the employee is aware of any negative comments you might include and be qualified to make these comments. All this is reflected in the Torah's statement "Distance yourself from falsehood." (Exodus 23:7)
According to Judaism, one is also responsible to judge a person favourably and consider the possibility that they may have made amends. Reflecting this, one needs to distinguish between only responding to the questions you are asked by a prospective employer and raising an issue you believe is pertinent and genuinely important for a prospective employer to be aware of.
Judaism prohibits speaking badly of others - even if it is true. This is Loshon Horah - evil speech and considered a grave misdemeanour. It not only causes harm to the person about whom it is spoken but also spiritual damage to the person who conveys it and the person who hears it.
However, there is a general proviso that it is permissible - and even proper - to provide negative information about somebody when this is for a constructive purpose or to prevent another's loss. A good example would be helping a prospective employer avoid employing someone unsuitable for that role.
The 'Chafetz Chaim' (Rabbi Yisrael Meir HaKohen of Radin) set out five conditions which must always be met before passing on negative information:
ACCURACY - information should not be exaggerated or embellished.
BENEFIT - no benefit should be derived.
CERTAINTY - the information must be verified.
DESIRE - the informers intention must be constructive, not vindictive.
EQUITY - one must not protect the prospective employer at the expense of the worker.
2. You are asked by your boss to recommend a builder. Your brother-in-law is a builder and could really do with the work but can be unreliable. Do you recommend him?
The primary responsibility when hiring is to appoint the best person for that role. If one of the candidates happens to be a family member, and they, fulfil the job requirements, then one should recommend them.
In Jewish thought, we are encouraged to assist those closest to us, with priority to family. According to the laws governing distribution of tzedakah (charity), family comes first. In fact the Rambam considers assisting members of the family to find work, as the highest form of tzedakah.
However, one would need give an honest appraisal to your boss. Judaism places the full onus of disclosing shortcomings in a product or service on the ‘seller', even in the absence of a written guarantee.
Moreover, one is not allowed to promote someone as having qualities which they do not possess.
The bottom line is that you should recommend your brother-in-law and be honest and truthful, with no ambiguity, and allow others to make decisions for themselves.
3. You make an accounting error, it may not be traced to you but there is a risk that the team as a whole will suffer.
According to Judaism, an employee's first responsibility is to their employer and therefore one is obliged to inform them of an error, especially one which may have a detrimental impact on the business.
Beyond this, Judaism urges us to set exemplary standards of ethical behaviour and to epitomise the Jewish concept of Lifnim M'shuras Hadin - going beyond the letter of the law.
Admitting one's mistakes does not come naturally, especially when one fears the consequences, either in terms of your reputation or your finances, or both. It becomes even more difficult when your mistake might affect your colleagues who you work with on a daily basis.
However, it is also a tremendous sign of strength and in the long run help you develop a Shem Tov - a good name, which according to Judaism will be your most valuable asset.
4. Your sales force is bringing in many new clients but you have just discovered that they do so by being economical with the truth.
Packaging goods in order to make them attractive, and showing the customer all the positive aspects of goods and services, are normal and acceptable business practices. In the same way, disseminating information regarding prices, job vacancies, availability, are all part of legitimate promotion.
However, Judaism does not allow one to falsely promote goods and services by falsely claiming that they possess certain qualities or to make false statements regarding the value of an article or to use packaging that creates a misleading impression.
Furthermore the full onus of disclosing a product or service's shortcomings, lies with the seller. Hiding or glossing over defects is prohibited.
The sale of an item on the basis of a false description is " geneivat da'at " fooling a prospective purchaser. Such an act would cause that sale to be null and void, a " mekach ta'ut. " The item would revert to the original vendor and any payment would revert to the purchaser.