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Yes, He Worked Here. How To Give References In A Litigious Market March 23, 2016 (0 comments)
Brentwood, TN—Employer references are a sticky subject these days. On one hand, hiring managers are urged to dig deep and check not only the references a candidate lists on his or her application, but to find other former colleagues and talk to them as well. In a tight-knit, insular industry such as ours, news and gossip travel fast, which can be both blessing and curse when it comes to hiring or job-hunting.
But what do you do when the shoe is on the other foot and someone calls to ask you about a former employee? In today’s litigious society, employers often are loath to say much of anything—good or bad—for fear of being smacked with a lawsuit.
Two recent articles in HR Daily Advisor address the topic from the employer’s point of view and suggest some practical options for both good and not-so-good employees. For example, giving a great former employee a great reference may seem like a no-brainer—but it can come back to bite you if another, less-than-stellar former employee finds out you weren’t as lavish with praise for him.
Likewise, if you do fire a poor employee but later give him a good reference specifically to avoid being sued, he could use that as leverage to sue anyway for wrongful dismissal! And in an extreme case—such as violent or illegal behavior—the new hiring company could be justified in suing you for not disclosing that!
What’s an employer to do? Hint: whatever you do, make sure it is consistent for all former employees. Here is what HR Advisor says about how to stay out of hot water when giving references, and how to set up a good reference policy that keeps you out of court.
Top image: curtisfood.com