Employee References

dsandoval · January 2004

Does anyone have employees leaving their company sign an authozation form allowing supervisors to give an employee reference? I'm wondering if this is common practice in businesses. Also, I thought a prospective employer could not release any information to the prospective employee if the reference turns out to be negative.

Thanks for your help.

JM in ATL · January 2004

An employer who gives a bad referral, which prevents the ee from obtaining another position can be sued for slander.

An employer with or without consent from a former employee can answer any questions(if he/she wants). What most employers choose to answer are the basic employment questions such as length of employment, position held, salary at beginning and end and the name/title of the persons supervisor. They can also answer the question: Is this person eligible for rehire.

Most employers will not provide any further information beyond that.

I have in my policy handbook how I handle references and verifications of employment from outside parties. I think it is useful to have so that employees know how those situations will be handled should they arrise.

JM

Don D · January 2004

>An employer who gives a bad referral, which
>prevents the ee from obtaining another position
>can be sued for slander.
>

The common logic is more and more becoming that: An employer who gives truthful answers to employment verification requests has some degree of immunity. I'm not comfortable with that since I'm not sure whether the 'immunity' is real or imagined. I would recommend you check with legal counsel in your area/state.

But, as to your question of whether or not an employer can release to the prospect the information the employer received that might be damaging....Sure they can. That's the risk we run in responding truthfully.

dsandoval · January 2004

Hi,
How would the employee know that the former employer gave a bad reference? I thought that references were not to be shared from one employer to the other?

Jaded · January 2004

Our policy is that all references will be handled through our HR Department. No one else in the company has the authority to release info about a former employee. When I do release the information to a prospective employer, I tell the prospective employer that I need a signed release from the former employee. (Note, this is usually on the application form they have filled out.) If they don't fax me a signed release, I only give out dates of service and position.

Employee References

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