Holly Elissa Bruno

Legal and Ethical Issues in Early Childhood
May 21-26, 2007
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"HOLD HARMLESS" provision

From: Holly Elissa
Email: hollyelissab@comcast.net
Date: May 22, 2007

Comments

Here is a possible draft of a "hold harmless" statement for you to consider regarding being free to tell the truth when giving a reference.

I need to say ethically that I cannot serve as anyone's attorney (I am only licensed in the state of Maine). If you can, please check with an attorney in your area or on your board (if you have one), to make sure that s/he supports any changes you choose to make as a result of these discussions.

Ok, that said, here is a possible draft to consider:

"I, _______, an employee/former employee of _____________, agree to hold _________ harmless for any reference (an agent of) that organization shall give for me."

To be more thorough, you could add a checklist for the employee to initial, so s/he can consent to specifics.

"I authorize my reference from ____________ to provide information to my prospective employer on the following:

__Timeliness __Attendance record __Classroom management skills __Effectiveness in working with families __Creativity __Ability to use developmentally appropriate practices __Demonstrated respect for and openness to cultural differences __Willingness to take on new tasks __Being a team member"

Are you interested in seeing a possible "hold harmless" statement regarding a family choosing to hire one of your teachers as a babysitter (and your policy forbids this)?

You know what, folks? The law ain't so boring after all!

 

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