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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Do exit inteviews have a legal standing

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do exit inteviews have a legal standing
1. What do you mean by "exit interviews"? Are you talking about an interview when a person leaves a job? Or something else? Can you please clarify.
Customer: replied 2 years ago.

when a person leaves a job

2. Yes, exit interviews do have a legal standing. Their contents may lend themselves to further investigation. Additionally, whatever is said may be used in subsequent legal proceedings or in determining what reference, if any, an employee will receive from the company going forward. So you should be guarded when participating in an exit interview. The employer will have certain defined objectives to gain from the interview. So you should not lose sight of this fact. Other employees in the firm may be impacted by what is said. The leaving employee may find themselves ensnared in disciplinary proceedings if something is said which impacts upon the firm or upon another employee. Be aware that what is said may be used to justify investigatory or disciplinary proceedings.
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3. Accordingly, a leaving employee should not use an exit interview to "bury the hatchet" in relation to other employees. An employee owes a duty of loyalty to an employer and should anything emerge which violates that duty of loyalty, in the past, this may give rise to legal proceedings. The end of employment does not bring an end to all issues of legal responsibility. The exit interview is being often used to set the departing employee at ease but the only reason the interview is being held is to benefit the employer. That fact should not be lost sight of.