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References... Giving and Receiving, Part 1

Damned If You Do, Damned If You Don't

Hiring on all levels has involved reference checking. It i an important part of the process. However, our litigious society has further complicated reference checking with highly publicized law suits filed on the part of individuals against former employers who had supposedly given unfavorable references, thus keeping the candidate from gaining employment. In this issue we will discuss giving references, in a subsequent issue we will address getting references. Each aspect has become a more delicate process than ever before in the history of business.

Whether we like it or not, we have to be in a position to give references on former employees. Employers have been successfully sued for saying nothing about a previous employee. The proverbial Catch 22... you can say too much and be liable or say too little and be liable. Silence can be interpreted as negative or unfavorable. Individuals have collected claiming they were forced to divulge unfavorable information about themselves because their former employer would give no references at all.

Legal opinions abound as to what you as a previous employer can or cannot legally say about a former employee. Legality is certainly an issue but practical common sense will carry you further and keep the matter of legality at a distance. Here are practical ideas concerning reference giving.

HAVE A STATED POLICY. Make sure all your employees know before they are ex-employees, what your policy is regarding references. This can be a company-wide policy or a personal one on the part of any individual supervisor. If, as in some companies, references are only given by the personnel department, all employees should be aware of that. If an informal policy of leaving it up to each individual supervisor is the case, then employees should be aware of that too. If your policy is to only verify dates of employment, salary, and consideration for rehire (the usual bare minimum) , then employees should be aware of that . If your practice is to give verbal references to prospective employers, your present employees should know it. Surprises on the part of people looking for a job further adds to their emotional distress. If they know beforehand how you will give a reference there is no room for emotional reactions directed at you. Having a stated policy makes your life easier. If your policy, as in some companies, is not to rehire ex-employees, the question of consideration for re-hire is automatically answered with no negative reflection on the past employee. If the previous employee knows this then he can forewarn prospective employees about the policy.

DOCUMENT. Document everything regarding an employee's performance....both good and bad. Keep written records and reports, job descriptions, resumes, reference letters, applications etc. Performance and disciplinary records along with letters of resignation, termination letters or severance agreements are of special value when there is a dispute over a reference. Consistency in documentation helps. If performance or reprimand letters are kept on everyone, they can easily be referred to in the future. Performance records are especially important. If an employee is terminated due to poor performance, the records must be impeccable.

OBJECTIVITY. Make sure the criterion of performance is as objective and clear cut as possible. Being late or absent for an unusual amount of time, not making quota, making gross errors on reports, etc., are all provable, objective, documentable facts. They are more justifiable than personality conflicts or not fitting in. If a poor reference is going to be given, it should be based on documentable, provable, objective facts that are inarguable, containing all little personal opinions. The more subjective an evaluation is, the more room there is for capriciousness and disagreement. An opinion can be challenged more easily than objective facts.

WRITTEN RECORDS. Documentation, as mentioned above, is necessary in preparing for reference giving. But writing down a verbal oral statement made during the course of supervision (especially reprimand) furthers the objective accuracy of events. Good management dictates the necessity of telling an employee of the problems regarding his performance and steps that need to be taken to correct them. Better management documents, in writing, every discussion of this sort. Copies of the written document may be given to the employee as well as put into his file.

Being honest in such evaluations or reprimands is absolutely imperative. Many a lawsuit was won based on the fact that the employee was supposedly never told of his failing performance. A court will usually lean toward the individual rather than a company. "Your word against his" type of argument is a losing proposition. Prepare yourself for the worst and keep everything in writing.

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