WHAT INFO. CAN BE RELEASED BY PHONE ON EMPLOYEES

HENRY · August 2002

MY QUESTION IS, IF SOME ONE CALLS ME TO VERIFY EMPLOYMENT
WHAT KIND OF INFORMATION AM I ALLOWED BY LAW TO GIVE OUT
REGARDING AN EMPLOYEE OR EX EMPLOYEE?

Gillian · August 2002

Check previous posts on this topic - it occurs frequently.

System · August 2002

Here's another similar topic posted previously on the forum:

"Giving out information for employment references"
[url]http://www.hrhero.com/employersforum/DCForumID14/1230.html[/url]

In addition, we published two past issues of HR Hero Line (HRhero.com's free e-mail newsletter) on reference checking. You might pick up some ideas from reading the feature articles from those newsletters. Here are links to both issues:

Reference Reservations, Part 1
(Playing it safe)
[url]http://www.HRhero.com/hrheroline/042701.shtml[/url]

Reference Reservations, Part 2
(Providing substantive references)
[url]http://www.HRhero.com/hrheroline/050401.shtml[/url]

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

Carol CA · August 2002

Our rule is that we give out dates of employment and last position held. If someone quotes salary to us we will verify if it is in the right "ball park", but we will not volunteer salary. That it.

WOCO Frank · August 2002

We're one of those rare companies that will release information. All reference checks come to me, and I will tell you what you want to know as long as:

1. I've verified it to be true.
2. It's documented.
3. It's relevant.
4. The employee/ex-employee has authorized the release (fax me the release).

Fortunately, I'm in a state that still recognizes the value of common sense, and reference checks are protected by state law as long as they fit the above criteria.

cebudragonlady · August 2002

It would be easier if EVERYONE wanting references would simply do it by fax or mail, instead of calling ! I don't give references over the phone anymore PERIOD - there were way too many calls, way too many callers asking for information that is confidential ...who knows who they really were? or really why they wanted the information ?

Rockie · August 2002

I agree with Dragon Lady. I don't do phone references. You don't know who you are talking to. People do weird things to try to get information about people nowdays.

If they send a faxed request, we give minimal information. Just dates of hire and the position they held.

TheCol · August 2002

I am not aware of any Federal Rules, Florida permits any comment by a former employer that is truthful absent malice. As a matter of fact, hiding some facts could possibly come back on your failure to disclose. "Eligible for re-hire?" is often asked. Don't be afraid to say 'no'.

Pork · August 2002

I do not believe there is a law that tells you what you can and cannot give out as a reference. Our state "tort" activities has caused our HRs and personnel specialist to with draw from honest, truthful loose tongues. Even though I know you need the information in more detail, like others, we can not know who is calling. The DOT system would help us all if we could get it in place for all references. I will talk to those HRs that I know and recognize over the phone. I will let them know when we have a joint interest in a violent natured x-employee, or a dead beat. A question that I am usually able to get answered is "is he/she subject to rehire? A no response gets my ears up and I ask a lot more questions of the candidate about that position assignment. Additionally, is what another company has to say important to you position? Good luck, Pork

santire · August 2002

Henry, regarding what information the law allows you to give to an inquiring potential employer, aside from the best way to handle it such as requiring that the request be in writing, etc, the law in Texas is fairly clear primarily because of a statue passed by the Texas legislature in 1999 amending the Texas Labor Code. It enhances an employer's ability to disclose job performance information about a former employee by providing the former employer with immunity from civil liability if the employer discloses information that any employer would "reasonably believe to be true." This protection of the employer extends to a "managerial employee or other representative of the employer who is authorized to provide the information" and who acts in accordance with the statute. To be under this law's protection the disclosure must be based on the former employee's job performance which the statute broadly defines as "the manner in which an employee performs a position of employment and includes an analysis of the employee's attendance at work, attitudes, effort, knowledge, behaviors and skills." For the employeee to successfully sue the disclosing employer, the immunity can be overcome by an employee that is the subject of the disclosure only if "by clear and convincing evidence that the information disclosed was known by theat employer to be false at the time the discolusre was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed." In other words, the disclosing employer must either know or should have known it was false. This is a tough hurdle for the employee to overcome because to penetrate the employer's immunity defense a former employee must prove that the employer disclosed the information with total disregard concerning whether the information was true or false. This may be a bit lengthy for a posting yet this is a matter that impacts a lot of folks and the existence of this law, a concept known as qualified privilege, is not widely enough understood. As a consequence, not enough information flows between former and potential employers concerning potential employees.
Stanley P. Santire, J.D.

WOCO Frank · August 2002

Our law in Missouri is very similar to the one Mr. Santire just cited for Texas.

WHAT INFO. CAN BE RELEASED BY PHONE ON EMPLOYEES

Comments