Here are some steps for employers to consider in dealing with requests for information about former employees:
Get professional input. Confer with an attorney familiar with employment law in your state about how to respond to reference check inquiries concerning former employees.
Check state law. Know if your state law shields employers from civil liability when providing factual, work-related information about former employees.
Obtain permission from former employees. Before releasing information about former employees, require the prospective new employer to provide a reference permission form, signed by the former employee, giving your company and supervisors the employee’s permission to release work-related information about him or her. This form also releases former employers and supervisors from liability for providing factual work-related information to prospective new employers.
Ask departing employees for help. When employees leave employment, ask them to help write their job references. Have an exit interview with each departing employee. Show them a written summary of their performance. Inform employees that the summary serves as a job reference if two conditions are met: the employee gives written approval for the summary, and in the future, the employee mails the employer a signed statement releasing the summary to a prospective employer.
Stick to the facts. Don’t share personal feelings and opinions about former employees. Provide prospective employers with only objective, factual work-related information such as: the individual’s period of employment, including start and separation dates; positions and duties employed; hourly rates or salary at time of separation; and whether the individual would be re-employed in the future.
Avoid giving information over the phone. It is best to ask the prospective employer to request information in writing with specific questions. Respond in writing. Review responses with an attorney or a human resources professional. This way, your company and its managers will take time to carefully consider the information, and there is a written document to support a defense in case of related future litigation.