There was a time when human interaction seemed to be a lot simpler, when we were able to pass our opinions back and forth and consummate agreements on a handshake, without fear of any protracted legal ramifications. Those days are long gone and when you are in business of any kind you need to be very careful, especially when dealing with personal issues, how you approach and how you cover yourself from all angles.
Employment can be a very thorny area and we have many different laws to take account of and best practices to maintain. It can always be difficult to take on new employees and to know how to best gather the information necessary upon which to base your decision. Employers often rely on information being passed by other employers in relation to a potential new hire. While you want to receive as much information from a previous employer as possible, you understand the difficulties that they might face when putting together truly accurate and informative material. You also understand the difficulties you might face when other organizations contact you to ask you for references about a former employee. You want a lot of information coming in, but are very careful about sending a lot of information out!
Within the litigious environment that we live, every employer must be extremely careful about providing references. On the one hand it is expected of you to do so, but on the other hand you must be very careful that you do not provide any information that could be construed as defamatory, or otherwise incorrect.
To cover all eventualities, put the task of providing references in the hands of one trustworthy individual within your organization, if not yourself. This will ensure stability and help to maintain a standard practice. Compose a template and restrict the information that you send out to the facts. Never give any personal opinions as to whether a particular person is “good for a particular job” or would be hired again.
Make it a point to keep a comprehensive file for each employee and one which is frequently maintained. Whenever any incident takes place involving the employee, make sure it is documented and the information kept in the file. Any regular review should also be notated and contained within.
You have a duty of responsibility to let others who seek information know if anything particularly negative should be brought to their attention. If the person concerned was involved in a legal or conduct issue of some kind while in your employment, if you do not bring the facts to the attention of another probing employer then you could lay yourself open to further action. Once again, stick to the relevant facts.
It might be a good idea to compose a reference letter prior to the employee’s departure from your organization and have him or her sign off on the content before leaving. If it is not possible, make sure that all documentation is up to date and that you have made copious notes within the file.
If your organization has many employees, you would do well to seek the advice of legal counsel when it comes to drafting a template for future references. An attorney would be able to give you the best pointers, relevant to current case law and thinking.
Do you have any stories, good or bad, to share?
Adam Toren
Some good tips here. I have a great example of an individual who did worse than anything on the list.
Two days ago, one of the companies I work for was checking references on a candidate. The final reference was on the phone offering rave reviews up until the end. The guy on the phone felt it would be appropriate to end the conversation with the line “If things don’t work out with (candidate) I am actually looking for a new position as well”.
No Joke.
The applicant was still offered the job, and it may be an extremely rare circumstance, but it just goes to show that both sides of the reference need to be careful.