Just Curious

lnelson · November 2003

I have an ex-ee who was terminated approx 1yr ago.
It seems he is looking for a job and listed us as a reference. I normally confirm dates, salary, position. Unfortunatley someone other than me took a reference call and gave info they should not have, within 30 min of the call the ex-ee calls and speaks with me stating I gave a bad reference to prospective employer. I informed him that I had not gotten any reference calls pertaining to him. He then asked that if I do get a reference call could I give another reason for termination (such as laid off) I informed him I do not give that information out. He stated that he spoke to a perspective employer and they were given that information. What is the repercussion of this?
Sorry for the longevity.
Lisa

Parabeagle · November 2003

Depends on the information that was given out. The pendulum on reference checking is starting to swing the other way from the "name-rank-serial-number" method because of the risks involved with negligent hiring practices. Some employers now feel obligated to share more information with gaining employers so the new employer is fully informed about material facts that may have an impact on the employer's decision to hire the person.

Now, if whomever took the call said he was terminated and it is not your company's policy to release that information, I suppose you might see some backlash if the ex-ee wanted to pursue it. Especially if the reason he did not get the new job was because of the reference that was given. However, as long as the reason given for termination was the truth and you can back it up, you should be ok.

mwild31 · November 2003

A good time though to tighten up your reference checking authority policy. Maybe send out an email/note/decision memo stating who is authorized to give references on behalf of the company.

Parabeagle · November 2003

Excellent point, Mwild. I was thinking more along the lines of bodily damage to the unauthorized releaser, but your way works, too. x;-)

lnelson · November 2003

Now Beagle that would be opening ourselves up to another suit, I'll go with Mwild on this one.

Reysa · November 2003

Giving out information is not illegal in and of itself, but it is best to get the employee's signature on a form releasing you and your employer from liability BEFORE giving out the information. I agree with Parabeagle. Another good reason to do the training AND DOCUMENT IT is that it will be a good defense in the future should this ever happen again (and it will).

HRsage · November 2003

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As long as the information was REQUESTED by the prospective employer and the information that was GIVEN was truthful, you should be okay.

Where employers get in trouble is when the information given was NOT REQUESTED, but rather provided voluntarily, or when the info that was given was inaccurate.
This is for CA, it will vary by state, and I have no idea of the verbage for other states, and I won't guess. x:D
CA Labor code 1050-1053. Good luck, and tell your people to keep their mouth shut and let you handle it. x;-)

Don D · November 2003

Yada, Yada, Yada. What you should tell him is this: "John, I have just told you what our policy is regarding employment verification calls. That is our policy. You need not question me further, that is our policy, and I have nothing further to say. Good bye."

lnelson · November 2003

I agree with you Don D. and in the future I will use that verbage. But for the matter today it is moot. But I expect to get another call from this ex-ee since I hear from him every month or 2 for whatever reason.

The person who took the call apparently just said he was terminated and did not give a reason for the termination. I got this out of her by pulling teeth. I should have been a dentist.=P~
Oh yeah I faint at the sight of blood, that's why.x:-8

Thanks for the information everyone.

Lisa

Whatever · November 2003

Has the person who took call gotten instructions on what company policy is on what they may and may not say?

lnelson · November 2003

The person who took the call was informed they are not to give any information out pertaining to current or ex-ees. If I am unavailable they are to take a message or transfer to my voice mail and I will return the calls.

Judith · November 2003

Giving references thru HR is a common practice but as we all know supervisors will do what they want regardless -- after all they know it all. I have also explained to our supervisors that if they give the reference they could open themselves up to personal liability -- this usually gets their attention.

SDDCHR · November 2003

Do you know who the person was that gave the information? Did this person have a signed release?

Just Curious

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