What we can say when asked for a reference

From: Holly Elissa
Email: hollyelissab@comcast.net
Date: May 21, 2007

Comments

Hi, everyone.

Most attorneys say that an employer, when asked to give a reference on a former employee, should only: 1) confirm if the person worked for your organization or not; and, 2) state the dates of her/his employment. A smaller number of organizations have a policy that allows staff members to answer the question: "Would you hire this person again?"

Given this approach, if you share any additional information, you could put yourself in some risk. This raises the ethical question: "Is it better to tell the truth about an employee, especially one whose performance was poor, or to not say anything?"

Here's a way you don't have to be in an "either/or" situation. In other words, if you follow this "hold harmless" approach, you may be able to tell the truth, and also be free from being sued successfully.

Draft, with your legal advisor (if you have one), a statement for current/past employees to sign, in which those employees agree "to hold you and the organization harmless should you provide a reference at that employee's request." If you follow this approach, you still need to share only your professional opinion. Beware of revealing confidential information. Also, be brief and to the point. In this way, you will be able to warn or encourage a potential employer.

Keep these signed "hold harmless" documents on file. When called for a reference, you will be able to go to your file before responding to questions.