[font size="1" color="#FF0000"]LAST EDITED ON 02-22-05 AT 07:38AM (CST)[/font][br][br]Why would you provide final pay and whether or not you would rehire?
I can see a question like this followed by a response: John indicates he worked for you as a brakeman from June of 1992 thorough February of 1999 and that his wage at time of termination was $11.57. His signature below authorizes you to reply. Is this accurate?
I only provide the answer if the prospective new employer asks & I don't see a problem with providing a yes or no response to a rehire question. As to final pay, on most applications, employers ask start pay & final pay, so I just confirm what was listed on the application - yes, that's correct or no that is not correct.
In response to your question (How do each of you respond to the following query in an employment verification: Would you rehire this employee?) I see things a little differently than most who have replied to you on this question. I believe that as an employer you are part of a larger community of employers and there is some responsiblity to assist each other by giving honest accurate information when asked to help the other employer make a rational decision when they are about to hire your ex-employee. When asked this question Florida employers can rely on a Florida statute that was passed precisely to allow employers to make an honest response. It reads:
F.S.A. § 768.095. Employer immunity from liability; disclosure of information regarding former or current employees: An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.
For those who do not live in Florida or whose state laws do not provide this type of protection I suggest the following way to resolve the problem: Create a policy that limits your responses to such questions (by the way I am not so sure this is an opinion question when asked if you would rehire the person today) only when the employee or ex-employee about whom the question is asked gives your employer a written release to answer all questions honestly even opinion questions. Have this policy in writing. If the employee wants you to answer it they will give you a release. If they do not want you to answer it they will refuse to give you a release. All you have to do is to give the requesting employer a copy of your policy and tell them the fact that you have not been furnished a release to respond. When they ask their applicant why they have not furnished you a release, they will be answering their own question and you will not have to be involved further. I have found that this works very effectively without having to release information unless authorized so. This policy oes not punish your good employees who authorize you to make responses by signing the release. Good luck.
Precisely, Jimbo, Hunter1, Dasher, and Blitzen. For those who give no information no matter what, because you don't want to be bitten, or the attorney said you would be bitten - how many times have you actually been bitten, or heard of someone who was? I have been asking that question in HR classes for years and nary a hand has ever gone up. I know that somewhere, sometime a person or two has been bitten, but should that govern the way we do business in HR across the entire country?
By the way, Hunter1, the cows in Wisconsin are not near as contented as you think they are.
Comments
I can see a question like this followed by a response: John indicates he worked for you as a brakeman from June of 1992 thorough February of 1999 and that his wage at time of termination was $11.57. His signature below authorizes you to reply. Is this accurate?
In response to your question (How do each of you respond to the following query in an employment verification: Would you rehire this employee?) I see things a little differently than most who have replied to you on this question. I believe that as an employer you are part of a larger community of employers and there is some responsiblity to assist each other by giving honest accurate information when asked to help the other employer make a rational decision when they are about to hire your ex-employee. When asked this question Florida employers can rely on a Florida statute that was passed precisely to allow employers to make an honest response. It reads:
F.S.A. § 768.095. Employer immunity from liability; disclosure of information regarding former or current employees:
An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.
For those who do not live in Florida or whose state laws do not provide this type of protection I suggest the following way to resolve the problem: Create a policy that limits your responses to such questions (by the way I am not so sure this is an opinion question when asked if you would rehire the person today) only when the employee or ex-employee about whom the question is asked gives your employer a written release to answer all questions honestly even opinion questions. Have this policy in writing. If the employee wants you to answer it they will give you a release. If they do not want you to answer it they will refuse to give you a release. All you have to do is to give the requesting employer a copy of your policy and tell them the fact that you have not been furnished a release to respond. When they ask their applicant why they have not furnished you a release, they will be answering their own question and you will not have to be involved further. I have found that this works very effectively without having to release information unless authorized so. This policy oes not punish your good employees who authorize you to make responses by signing the release. Good luck.
By the way, Hunter1, the cows in Wisconsin are not near as contented as you think they are.