References

KenB

My company is looking at establishing a policy for references and would like to provide written references for employees who ask, rather than just go the standard route of only giving basic employment details.

Two questions:

1. If we provide written references for a few people, do we have to provide for all who ask (i.e. if we are selective, do we face potential suits for discrimination in providing references)?

2. Has anyone used a release form that they had departing employees sign releasing the company from liability based on information shared in a reference letter and, if so, do you have a sample form you could share?

Thanks.

Gar

Two points:

1. If I were you, the only reference info I would provide is the dates the employee worked for you and the employee's title at the time he/she left your payroll.

2. Unless there is a clear business reason for doing so, I wouldn't discriminate between whom should receive references and whom shouldn't.

Gillian

At the risk of starting a debate, I encourage you to think about both sides of this issue before you decide what to do. One opinion, though, is that phone references are better than written ones. Insisting on a release, prior to releasing information is also a good idea.

There are two schools of thought in this area. One, the most common, is that only name, rank and serial number should be given. This mode is primarily a reaction to potential lawsuits should someone take offense at something that was said. The other school of thought is that references should be given, but carefully, telling the truth, not subjective opinions. This mode recognizes that charges of negligence can be filed against an employer who fails to share relevant information. It also recognizes that truth is the defense against defamation lawsuits. Labor lawyers cover their bases, most tell us not to give out information, but we must do references on everyone we hire to protect ourselves from hiring the wrong person. We can't do both.

I come down squarely on the side of sharing information, for two reasons. The first is that we do a disservice to thousands of good employees when we clam up. A true story from my consulting days - a client from a small company called me to check up on whether or not she had made the right decision. She wanted to hire a warehouse worker, she called the HR Department of his previous employer. The HR person said "it is our policy not to bla bla bla". My client didn't hire the person because "they wouldn't tell me anything so he must have been a bad employee, right?". The second reason is that, in my opinion, the risk of getting into trouble over giving a reference is a lot less than failing to give information. In my over 30 years of HR experience only once has someone filed for a hearing about information that was given, and she failed to show up for the hearing. The hearings officer made a point of having me in her office and I heard a lecture, not for me, but for the HR profession in general, about their reluctance to share information. She told me that we have double standards and are hurting other employers when we do not share information. I agree. The other reason is that I have served as an expert witness in several negligent hiring lawsuits and have seen some bad things that happened when the employer failed to find out relevant information.

System

Here are links to two issues of HR Hero Line (HRhero.com's free e-mail newsletter) that talk about both sides of the issue:

Reference Reservations
[url]http://www.hrhero.com/hrheroline/042701.shtml[/url]

Reference Reservations, Part 2
[url]http://www.HRhero.com/hrheroline/050401.shtml[/url]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]