Work Reference AZ

2284103

Within our HR department we normally only give out dates of employment and position held. Salary amounts are only done when requested in writing with the employee's signature, and even then, we try to contact the employee to tell them we've received the request before responding to it.

Recently, when we gave only dates and position to a caller on an ex-employee, the caller said we were required to tell them if the person was eligible for re-hire. Is this true?

If we have a policy of giving out only dates and positions, and a supervisor wants to write a letter of recommendation for a terminating employee, are we setting ourselves up for trouble by letting the supervisor do it?

Dutch2

We also only give out date of hire, date of termination and position. It is against our policy for to give an references unless they are in the HR detp. We, in Missouri, are not required by law to say anthing about a former employee, such as if they are eligible for rehire. If we get a signed statement from a former ee authorizing us to do so, we check the signature against their file and if necessary try to contact the former employee. This does not always work as any HR dept. worth their salt on the other end knows the last person they want to talk to about a reference check is someone from their applicants former HR dept. If they can get through the phone system to a former co-worker or supervisor there is no teling what they will be told. This is a continuing education program for us to make sure that 100% of all ee reference checks are forwarded to HR.
Good luck,
Dutch2

Whirlwind

I don't know about AZ, but there is no law in Texas that requires private employers to produce information about former ee's. Governmental entities are subject to the Open Records Act, and if someone were savvy enough, (s)he could request ex-ee info under that Act. But I work for the government and I've never seen this happen.

Regarding giving references, we require supervisors to forward all requests to HR (with varying luck). Then, if the employee will sign a release of liability we will complete the other employer's reference form based on what is in our records or what can be gleaned from the former supervisor. A release is not an iron-clad guarantee that you won't be sued, but I believe a properly worded release coupled with taking precautions that you're only giving out information that is as objective and behavioral as possible is relative unrisky. It's tough to balance sometimes, but I'd rather get the lawsuit from the ex-ee than the one from the parent whose child was abused by that ex-ee and on whom we refused to comment.

I've heard many a lawyer say this about employment references: "Always get them; never give them."

p.s. If you think it would be helpful to see our release, I'd be happy to email it to you.