Employee references are like ghosts - they can haunt you forever.
It seems like no business gives substantive employee references any more. From my first job to my most recent (aside from my own firm), I don’t recall one instance of any former employer telling a potential employer anything more than “I would hire him again.” Pretty thin on details and value. We know why this trend came along…lawsuits. But is a five word reference the best practice?
The April 2008 Wisconsin Lawyer magazine has a wonderful article on the issues of employer liability and employer references, written by Matthew L. Mac Kelly. Mr. Mac Kelly outlined several points to curb employer exposure to liability when giving references, a few of which I think are novel and allow an former employer to actually communicate quality information to potential employers instead of doling out useless platitudes.
- Be truthful when making references, especially when you think the former employee poses a foreseeable risk to potential employers/co-workers. On the other hand, claiming a former employee engaged in specific conduct (especially illegal or inappropriate conduct) is a bad idea. Instead, an former employer could refer to the suspicion that the former employee engaged in certain activities.
- A former employer can formalize the reference process by selecting particular employees as the “reference folks” who have a duty to handle reference calls - only they can give references. To further formalize the process, a policy can be instituted requiring proof that a reference request is being made for a legitimate business purpose. All reference requests must be submitted in writing to the “reference folks,” thus ensuring that any reference is legit and proper.
Monday, April 21st, 2008
