employment references

mhees10076

Hi Everyone,
I'm looking for your wisdom again. We are partners with another company in a certain state. We are going to be terminating an officer of our company who we believe is going to try to get a job with our partner company. He has failed in his fiduciary responsibility profoundly. Our partner company has already tried to inquire on this person, and we are not sure if we can say anything without a signed authorization. The things that he has done and failed to do, if disclosed, will definitely hurt him in his plans of getting hired by this other company. But can't we be liable if this partner company hires him and they find out later that we failed to disclose this information? What do you think? Your thoughts would be greatly appreciated. Thanks, Marlene

cebudragonlady

My opinion - err on the side of caution, and state that you do not release information without emplyee written & signed consent. If you release information without such consent, and the employee fails to get the position with the other company as a result - your company could be sued.

Chari

System

If what he failed to do is documented on paper and is a 'fact' and not a 'personal opinion' of this person AND you have a release from the ee leaving, I see no harm in making them aware of the situation.

stewarth

Do you have a blanket policy on Employment References? Whatever you do make sure it's consistent with how you do this for others.

Our company has a policy that will only give dates of employment, job title, a verification of salary if it is stated by the inquirer and a statement on attendance. That's it. Everything else is "opinion" and we've been told it just isn't worth it to give out job performance information.