Verification of past employment

Chispity · November 2003

I am fairly new at this whole HR thing so bare with me please! If someone calls you to verify past employment on a former employee what are the laws? Can you say both positive and negative? Only give dates of employment? Can you tell them if you would re-hire them? Please help!

Thanks for your input!

Chispity, in AR

dmartenson · November 2003

While sad to say, it is usually best just to confirm that they did work, the dates they worked, and what their job title was. I personally feel it is okay to say if I would rehire - IF they ask me that question. I don't EVER volunteer ANYTHING. I think I have the right to answer that question.

It really depends on your corporate policy. Do you have one in place?

Chispity · November 2003

No, we don't have a policy in place. I have always been told that it is best to just give the specific dates. I have always been a little stumped however, when they ask if I would rehire. I feel that if I say no to that question then that person may not get the job, when in actually there may be many reasons why you would not rehire.

Thanks for your input.

Sunny · November 2003

Eligibility for rehire is a benchmark used by a lot of employers to judge an applicant. I tell callers that I don't release any information without a signed release from their applicant. A release will also give you a form and the opportunity to provide more comprehensive (truthful) information.

WOCO Frank · November 2003

IF I have a signed release, I'll tell them anything that is:

Documented in writing,
True to the best of my knowledge, and
Relevant (IMO) to future employment.

The state of Missouri provides very specific protections to you if you follow these guidelines.

Judith · November 2003

When verifing past employment I answer the rehire question with "they are eligible for rehire" -- if in fact they are eligible for rehire. That way I am not on the hook for promising to rehire someone that may be have better competition during the interview process.

marc · November 2003

I only give the minimum information. When they ask about rehire - I just say it is our policy to stick with confirming dates of employment and job title. I will confirm a payrate if the person on the other side gives it to me.

WOCO Frank · November 2003

I think it's a shame so many of you have such ungrounded fear.

MS HR · November 2003

>I think it's a shame so many of you have such
>ungrounded fear.

call is long time experience.
wait until your first law suit for defamation of character, or........?...........then you'll see why caution is the rule of the day.

WOCO Frank · November 2003

I guess it depends on how much you want to add to the HR community.

Look, if a guy is fired for assaulting his boss, you don't think that should be revealed? What if he admits to embezzling $100,000? What if he's a great employee whose value to the organization went way above dates of employment and "eligible for rehire"? What if it were you?

Remember - we're talking about an ex-employee who has signed a release of information. If you're afraid of giving out documented, relevent history, then it's either unfounded fear or a lack of confidence in your own documentation.

Lawsuits are a dime a dozen. It's a risk you run when your business hangs the shingle. Start eliminating every job function that creates even the remotest liability, and let's see how long the business operates.

ritaanz · November 2003

Ungrounded? I once felt the same why you do. Why shouldn't I tell a fellow professional about my ex-employee? If it was a good or bad reference the next employer should know. The problem is the bad reference. You have no idea what that employer tells the applicant with the bad news. After several harrowing experiences, I gave up. Name, rank and serial number. That's it.

I guess you have not been challenged. Trust me, it is not a pretty picture. I know, I know, you can always ask the prospective employer to keep your statements strictly confidential. However, the bad news guy, who does not get the job, still comes back at you with a bunch of lies he made up because he assumed you told the truth.

It's a shame, I agree.

Eliant · November 2003

If it's a phone call... All I will verify is dates, position and salary. I always ask if they have a signed released. If they do I have them fax it or send it then I will provide a bit more detail. Being in HR as long as I have, living in CA, yes I'm cautious... But, I will put forth a genuine effort.

Suggestion, look at your state laws regarding giving out referrence and make sure that you have a policy in place.

Eliant

WOCO Frank · November 2003

I figured Don would have weighed in by now.

Don D · November 2003

Eight people disagreeing with you is plenty.

mwild31 · November 2003

I stick to name, dates of employment, position & rehire eligibility (yes, if they're eligible, no if they're not - I do add to the 'no' response if warranted, for example: "no, he/she is not eligible for rehire for THAT position, but may be eligible for others in the company", etc.). I don't disclose salary information unless I have something signed by the former ee. I don't do this so much (although it is a big factor) for fear of reprisal, I do it more because it's the most efficient method. Reference checking interupts my day - I can't schedule for it - and the quicker I get off the phone and on to something new (for current employees) the better. For my reference checking I find the checks over the phone to be useless as a source of info on an applicant & I always have them fill out a release form so I can get more information. Maybe your policy could be something to the effect that no verbal references will be given - references will only be provided with a signed released form - that way some of your fears may be put to rest. Just some thoughts.

WOCO Frank · November 2003

>Reference checking
>interupts my day - I can't schedule for it - and
>the quicker I get off the phone and on to
>something new (for current employees) the
>better.

Agreed, but checking references on people I want to hire is a big priority too. I guess it's a karma thing - what goes around, comes around.

mwild31 · November 2003

which is why I included this in my reply as well:

"For my reference checking I find the checks over the phone to be useless as a source of info on an applicant & I always have them fill out a release form so I can get more information."

Karma ain't got nothing to do with it.

Don D · November 2003

Since you're new at it: Don't be tricked into thinking the reference check is a conversation. Look at it as a few short questions and a few short answers. Do not discuss the employee, his history, his attendance, his attitude or his value to the company. You indicated that some questions stump you. Don't let that happen. If you give dates of employment and job title, you won't be stumped. Don't allow the caller to run down a list of questions they'd like to ask you. Be firm. Tell them your policy and stick to it. If your policy is to answer more questions than those I suggest, don't guess at the answers. You probably do not even know the answer to some of them, so don't get into the game of providing answers. And Never, Ever believe the caller who assures you it's off the record, just between us girls, just among us HR managers, as one professional to another. There's no such thing as an off the record remark made in an employment inquiry. They are writing as fast as you can talk and any of what you say could and will be used against you. Stick to the facts. The fewer you give the fewer you might be called upon to defend. You might want to assume that every caller is really the sister in law of the ex-employee.

Verification of past employment

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