Unauthorized reference

KathyHR

I just found out that an employee gave a temporary agency a reference for a former employee because the former employee knows she'll only get name, rank, serial from HR. All supervisors have been told they must refer reference & employment verifications to HR. The former emp knows this because she called me once asking about verifications of employment because she hasn't been able to get a job yet & thought it was because what I was telling prospective employers. By the way, she's a lawyer.

Of course it is a glowing reference, the former employee was not good & we were going through various discipline matters with her.

Would we still be "on the hook" for this glowing reference even if I would send the temporary agency a letter saying it was an unauthorized reference? Since I've spoken to the employee she is now trying to say it was a "personal" reference rather than a "business" reference & that the former emp "specifically listed me as a personal, not a work reference so I know she's clear on it." But it is totally about how it was a joy to work with her, ending with how she "believes she would make an excellent employee anywhere she goes."

HELP!! Kathy

TN HR

Any prospective employer, including a temp agency, should be able to discern between a bonafide reference and a personal one given by a peer. If they chose to give it undue weight or consideration it is their problem. Personal references mean absolutely nothing to me, however, temp agencies seem to enjoy them because it creatively fits the "reference checked candidate" BS they sell to their clients.

I would not get wrapped around the axle trying to understand if this was a personal or professional reference. Make absolutely clear that your policies are in order and understood by all. At the end of the day, you cannot control an employee giving "personal" references to someone stupid enough to ask for one.

Gene

Crout

I would discipline the employee for giving out an unauthorized reference in violation of company policy, then send a letter clarifying that the reference was a personal one and not a business reference.

Rockie

I'd do the same as Crout. If an employee gives out any info concerning the individual's employment, then it becomes a work reference. Generally, "personal" references are given from individuals who are not related to, or who work directly with the employee.

WT

If your department gives out only name, title and length of service with the company, stick to your policy. If you send a letter stating that a reference was not authorized, why would you do so? Can that be interpreted as stepping outside your policy to single out this employee? I have had glowing (and untrue) references used against me in proceedings. They do not hold much water nor did the person giving the reference appear at the proceeding to be subject to cross examination.
You might better leave this one alone as the employee giving the reference is really the only one that knows what was written or what authority they claimed when doing it. Maybe they did lie, but you have not lied or done anything wrong. Stay on the high ground. Since it was in no way official, there is no need to "fix" it.

LivindonSouth

Assuming the employee who gave the reference (whether it was personal or professional) understood the company policy, I would discipline her according to our standard discipline system. I would not send a letter retracting or defining the reference. That could not serve you other than negatively. A company is perfectly within its right to prohibit all employees, other than HR, from giving references of all types. In fact the policy should clearly state that any such inquiries, of any nature, should be immediately referred to Human Resources.

Gillian3

If your policy is to provide no references, then remind the supervisor of that policy. If you make too big an issue of it, you will drive the reference checking underground and the supervisors will be giving references from home if that is what they want to do. Maybe the supervisor actually thinks that the employee is a good employee. It is not unusual to have differences of opinion about the qualities of an employee. The reference checker is doing nothing more than what we should do if we want to do a good job of reference checking - always call the supervisor, never HR.

ritaanz

Curious, how do you know that this employee gave a reference on the former employee? Also, do you know for a fact what was said?

In any case, the company has no liability since it was not involved in the reference.

TN HR

Perhaps I misunderstood the original post. Wasn't this reference given by a peer and not a supervisor?

Why in the world would you draft a policy prohibiting rank and file ee's from giving personal references (assuming someone out there is stupid enough to get one) when you cannot possibly enforce it?

Again, as long as references are not being given by someone in an official capacity, I would not spend any more time on this.

KathyHR

The employee forwarded the e-mail she received from the temporary agency requesting the reference to me because they asked for dates of employment etc. & she didn't have that. When I spoke with the employee this morning about it she said she had sent a reply already so I asked her to send me a copy, that's how I know that it was a glowing reference.

I did send the DOE information also stating that when a reference is requested we only give DOE, titles and work status. I then put "the following is a business reference for Jane Doe:"

The employee who gave the reference "thought" it was a personal one even though all she wrote about was work related things because she didn't know her personally. The supervisor couldn't believe it was such a glowing reference because they weren't on good terms when the one left! I guess she forgot.