Previous Employee References

joyce

We have received a verbal employment inquiry for an employee who was dismissed for failure to successfully complete the probationary period. If we divulge this information to the prospective employer (she has signed an authorization form), do we stand any risk? OR should we merely go by the old name, rank and serial number only process?

Gillian

In this instance I would go with the old name, rank and serial number especially if the failure to make probation has anything to do with personality (subjective) issues. If it is the latter, it can usually be debated whether it was the employees, or someone else's fault, and telling a potential employer might be a disservice to the employee. On the other hand, if the employee didn't make probation because of embezzling cash and you can prove it, I would tell the truth - something that you can do.

System

Check out this previous thread on the forum for more info on the pros and cons of providing substantial references or simply name, rank, and serial number.

[url]http://www.hrhero.com/employersforum/DCForumID14/266.html[/url]

Whatever you do, you'll want to be consistent. Don't provide name, rank, and serial number for the past bad employees but give substantive references for past good employees. Gillian's right about telling the prospective employer if you have proof that the employee was fired for doing something illegal or harmful (e.g., workplace violence or sexual harassment). You don't want to be held liable if the employee goes on to new employment and harms someone.

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

Margaret Morford

Christy is exactly right! Whatever you do must be consistent. I would never tell a prospective employer that I caught someone embezzeling. However, I would "We terminated that person for violation of company policy and he/she is not eligible for rehire." If they didn't finish the probationary period, I would simply say "He/she was terminated during the probationary period." If they ask for more, tell them whether he/she would be eligible for rehire and then say that's all you can give out. The next employer has to decide whether they will hire this person and can go back to him/her for an explaination. You must be careful about defaming, slandering or libeling former employees. Stick to the facts, but general facts.

Margaret Morford
theHRedge