Tell me about your former employee? Should I hire her?

Does you company have a reference policy regarding giving out information about former employees? If not, it's something you should consider - and quite likely take action.

There are many employers who have been counseled to give only confirming facts that relate to dates of employment and title held, but nothing more. Indeed, when pressed with the above questions, many employers choose not to answer. The possible liability from defamation lawsuits brought by former employees who believe that their inability to land a position stems from an adverse job reference has had a chilling effect on references.

As a rule, the employee claiming defamation must show that the employer's statement was false, given in malice and communicated to a third party.

A limited reference policy avoids risk of defamation and provides a solution to the difficult reference question concerning a former employee. If an employer has a limited reference policy, it must be followed in all cases in order to be used as a shield when denying a reference.

Superisors need to be educated in the employer's policy concerning references, as propective employers will often call them instead of the human resources department. A strategy must also be developed for handling difficult references which involve the possibility of future, foreseeable harm if knowledge concerning a former employee is not passed on.

If receiving a reference on a potential employee is going to be important to you, as it should be, then a waiver form should be signed by the job applicant to the effect that the individual authorizes a former employer "to provide any and all information contained in my personnel file to the prospective employer."

Furthermore, the applicant should release that employer from any claims of liability arising out of the sharing of such information. The waiver release should be signed and dated. This will increase the chance that you will receive the information and also some defense to claims of negligent hiring.

Comments

[Peter Mullison]

This is a great blog, Mr. DiLorenzo. I just added it to my blogroll to share with my readers. I look forward to reading your posts.

Peter Mullison
www.employmentlawcolorado.com