References, To Give & To Receive

As employers, we want to receive them but we don't want to give any out. We are empathetic to the prospective employer's "need to know". When faced with a hiring decision, knowing and understanding a candidate's past job performance is key. A resume is a piece of paper and employees have many reasons why the job didn't work out for them. Validation brings everything into perspective.

Regardless of the past employee's performance on-the-job, employers tend to recite job title and dates of employment, followed by the standard "that's all the information we are authorized to give". The litigious society we live in alarms us and we're trying to watch our backs. Withholding information, however, hurts the outstanding performer. Perhaps there was an employee who did extraordinarily well - above and beyond many others in a similar position. For whatever reason they left. Don't they deserve the praise that might assist them in moving their career forward?

What about the potential employer of the not so good past employee? As employers ourselves, do we feel an obligation to warn them of the employee that calls in more than they show up? Then there's the employee who we fear. The employee who has scared co-workers, who we were glad, left our employ without incident. Do we mention the potential dangers? Some employees need to be informed that guns aren't allowed in the office. Not telling the inquirer this employee was one of them puts others at risk and opens up a big door to a lawsuit.

Employers can provide references and minimize legal action against them by following some simple rules.

1. When the employment relationship is terminated, for whatever reason, obtain a signature from the employee granting you permission to provide a reference later on. Develop a standard form and use it each time an employee leaves. Keep a copy in the employee's file for your records.

2. When providing information, stick to the facts and the job. Only information pertaining to the position the past employee held and their performance in that position is relevant.

3. Keep your opinions to yourself. Don't predict the future. Telling the interested party that your past employee might be better off in an underwriting position, for example, is not necessary. Suggesting the candidate may have a drinking problem can get you sued. Saying the employee didn't meet their quota for number of cold calls in a day, is fine.

4. Be consistent. Either you provide reference information or you don't. Whatever stand you take with one inquiry, take the same position with all of them.

5. Treat all inquiries as, for the record. Even if the requestor says, "Off the record, what is your recommendation?" When you are in court, everything you've said can be brought in.

6. Be familiar with the laws that protect the employee and the reference information.

Privacy laws prevent the sharing of confidential information concerning an employee. If medical exams were conducted on the employee or periodic drug tests were performed, that information cannot be shared with anyone else inside or outside the organization. This includes the results of any tests you performed - such as the Omnia or Caliper, and arrest and conviction records.

Under Civil Rights laws, employers are prohibited from releasing information concerning an employee's age, sex, ethnicity, religion, or disability. You wouldn't want to inform the potential employer that John only had five years until retirement or couldn't work during certain religious holidays.

Lastly, the employee would have a legal right to damages if the ex-employer provided false information about the employee during the inquiry.

References can be beneficial to both the potential employer and the prior employee. Maybe the next time you call for a reference, your request will be granted.