is there a legal limit to what you can disclose to someone looking for a reference?

[nageov3t]

hypothetical question... let's say an ex-employee's possible future employer called me looking for a reference. could I disclose that, say, the person in question was(is?) a total steroid junkie and we were all glad to see him go so that we didn't have to live in fear of a 'roid rage outbreak anymore?

hypothetically speaking...

 

[dullard]

If you say anything bad at all, you can be sued and you will likely lose. Best bet: say nothing.

 

[lupi]

If you want to say anything other than the he worked at place X during the dates of y-z, you had better do a serious study of the applicable labor laws. Otherwise he won't need the job cause you will be footing him his living cost for some time in the future.

 

[se7en]

Could put you in trouble for slander.

We have to go to hiring classes and they tell us safest thing to do is answer with "yes" or "no". Could vary by state tho not entirely sure.

 

[sjwaste]

Don't most companies have policies that permit you only to confirm the dates of employment and title? If yours doesn't, remember that they exist for a reason: To prevent a manager from saying something stupid and getting the company sued. I think what you're looking to say falls into the "saying something stupid" category.

 

[zerocool1]

Originally posted by: lupi
If you want to say anything other than the he worked at place X during the dates of y-z, you had better do a serious study of the applicable labor laws. Otherwise he won't need the job cause you will be footing him his living cost for some time in the future.

this sounds like what I've heard from classes.

 

[Beev]

"Did he work for you?"

"Yes."

"Would you recommend him?"

"Definitely not."

Easy easy

 

[FoBoT]

you should only state facts
real facts, not stuff you think he might have done

but if you aren't sure, just don't say anything

or just claim you don't know him at all

 

[MikeyIs4Dcats]

Originally posted by: Sraaz
"Did he work for you?"

"Yes."

"Would you recommend him?"

"Definitely not."

Easy easy

you can't even say that. you should confirm dates of employment, job title/description only.

 

[NuAlphaMan]

As everyone stated, Just the dates and what he did. Otherwise, you will be paying for his steriod habit!

 

[George P Burdell]

You should speak to HR about this. The problem with this issue is rules are stricter in some states than in others.

 

[Mark R]

In general, it's best to just give dates, and say nothing specific.

However, it's now getting increasingly common for new employers to ask specific questions. Certainly, when I applied for my last job, my new employer sent a big questionnaire to my referee asking stuff like:

What dates did X work for you?
What position did he hold?
What skills were required for this position?
How many days off sick did he have in the last 2 years?
Has X ever been called before a disciplinary panel? (yes/no)
Have any co-worker ever raised concerns about X's behavior or conduct (including abuse of alcohol or other substances)? (yes/no)
Has X complied with and completed all appropriate training given as part of the job? Were there any concerns over progress? (yes/no)
etc.

There was a warning, stating that if the questionnaire was not completed in full, it would be regarded as invalid, and would not be passed to the HR panel, and as a result employment could not be considered.


If you get a request for a reference that looks like that - then you have to answer each question truthfully. If the new employer subsequently hires them, on the basis of your reference, but later finds out that it was incorrect (e.g. a co-worker had made a complaint to his manager that X had turned up to work drunk), then you can be sued.

 

[nweaver]

I think you can confirm salary too...but it's those 3 things ONLY. Anything else is opening a can of worms

 

[kranky]

The right answer is to follow your company policy for giving references, whatever it is.

Or, write a letter like this:

Subject: Letter of Recommendation

While working with Mr. X, I have always found him
working studiously and sincerely at his table without idling or
gossiping with colleagues in the office. He seldom
wastes his time on useless things. Given a job, he always
finishes the given assignment on time. He is always
deeply engrossed in his official work, and can never be
found chitchatting in the canteen. He has absolutely no
vanity in spite of his high accomplishment and profound
knowledge of his field. I think he can easily be
classed as outstanding, and should on no account be
dispensed with. I strongly feel that Mr. X should be
pushed to accept promotion, and a proposal to administration be
sent away as soon as possible.

Then call the other person after he gets the letter, and tell him to only read every other line. Can't get sued for that - they could never prove it!

 

[alrocky]

Originally posted by: MikeyIs4Dcats

Originally posted by: Sraaz
"Did he work for you?"
"Yes."

"Would you recommend him?"
"Definitely not."

you can't even say that. you should confirm dates of employment, job title/description only.

"Have any co-worker ever raised concerns about X's behavior or conduct (including abuse of alcohol or other substances)? (yes/no)"

Mark R's post almost suggests you can answer the: "Would you recommend him?" question. Anyway I thought you answer a similar question: "Would you hire him again?"

I guess if the ex-employee was a bad egg and a prospective employer called, you could just repeat the guy's name loudly, " Who? John Smith?" and hang up the phone. But I'm probably guessing wrong.

----

I like kranky's letter!

 

[bctbct]

Around he the reference is "would you re-hire them"

 

[Vette73]

Originally posted by: zerocool1

Originally posted by: lupi
If you want to say anything other than the he worked at place X during the dates of y-z, you had better do a serious study of the applicable labor laws. Otherwise he won't need the job cause you will be footing him his living cost for some time in the future.

this sounds like what I've heard from classes.

What most will do is state your job, dates of employment, and if they will hire you or not and that is all. Now that is with big companies with HR people and such. Now a small local business might say more.

 

[jrphoenix]

I have only had to fire 2 of my employees before. The only things allowed beyond they worked for you for what dates is:

Would you hire the person again yes or no? Don't explain.

 

[Daishiki]

Originally posted by: kranky
The right answer is to follow your company policy for giving references, whatever it is.

Or, write a letter like this:

Subject: Letter of Recommendation

While working with Mr. X, I have always found him
working studiously and sincerely at his table without idling or
gossiping with colleagues in the office. He seldom
wastes his time on useless things. Given a job, he always
finishes the given assignment on time. He is always
deeply engrossed in his official work, and can never be
found chitchatting in the canteen. He has absolutely no
vanity in spite of his high accomplishment and profound
knowledge of his field. I think he can easily be
classed as outstanding, and should on no account be
dispensed with. I strongly feel that Mr. X should be
pushed to accept promotion, and a proposal to administration be
sent away as soon as possible.

Then call the other person after he gets the letter, and tell him to only read every other line. Can't get sued for that - they could never prove it!

That gave me a good laugh.

 

[FoBoT]

yeah, that is funny
:laugh:

 

[MikeyIs4Dcats]

Originally posted by: Mark R
In general, it's best to just give dates, and say nothing specific.

However, it's now getting increasingly common for new employers to ask specific questions. Certainly, when I applied for my last job, my new employer sent a big questionnaire to my referee asking stuff like:

What dates did X work for you?
What position did he hold?
What skills were required for this position?
How many days off sick did he have in the last 2 years?
Has X ever been called before a disciplinary panel? (yes/no)
Have any co-worker ever raised concerns about X's behavior or conduct (including abuse of alcohol or other substances)? (yes/no)
Has X complied with and completed all appropriate training given as part of the job? Were there any concerns over progress? (yes/no)
etc.

There was a warning, stating that if the questionnaire was not completed in full, it would be regarded as invalid, and would not be passed to the HR panel, and as a result employment could not be considered.


If you get a request for a reference that looks like that - then you have to answer each question truthfully. If the new employer subsequently hires them, on the basis of your reference, but later finds out that it was incorrect (e.g. a co-worker had made a complaint to his manager that X had turned up to work drunk), then you can be sued.

you don't have to tell any anything except confirm the dates of employment and job title/description.

for instance, you mention drug or alchohol abuse....that is a medical issue, and it is ILLEGAL for an employer to discuss that with anyone except the employee without a signed waiver from the employee. You also cannot fire someone for it unless they refuse to go to treatment you must provide.

 

[MikeyIs4Dcats]

Originally posted by: alrocky

Originally posted by: MikeyIs4Dcats

Originally posted by: Sraaz
"Did he work for you?"
"Yes."

"Would you recommend him?"
"Definitely not."

you can't even say that. you should confirm dates of employment, job title/description only.

"Have any co-worker ever raised concerns about X's behavior or conduct (including abuse of alcohol or other substances)? (yes/no)"

Mark R's post almost suggests you can answer the: "Would you recommend him?" question. Anyway I thought you answer a similar question: "Would you hire him again?"

I guess if the ex-employee was a bad egg and a prospective employer called, you could just repeat the guy's name loudly, " Who? John Smith?" and hang up the phone. But I'm probably guessing wrong.

----

I like kranky's letter!

you used to be advised to answer the question of would you rehire, but now it is recommended you do not, as it can be construed as a recommendation or a negative refrence.

 

[KK]

Originally posted by: kranky
The right answer is to follow your company policy for giving references, whatever it is.

Or, write a letter like this:

Subject: Letter of Recommendation

While working with Mr. X, I have always found him
working studiously and sincerely at his table without idling or
gossiping with colleagues in the office. He seldom
wastes his time on useless things. Given a job, he always
finishes the given assignment on time. He is always
deeply engrossed in his official work, and can never be
found chitchatting in the canteen. He has absolutely no
vanity in spite of his high accomplishment and profound
knowledge of his field. I think he can easily be
classed as outstanding, and should on no account be
dispensed with. I strongly feel that Mr. X should be
pushed to accept promotion, and a proposal to administration be
sent away as soon as possible.

Then call the other person after he gets the letter, and tell him to only read every other line. Can't get sued for that - they could never prove it!

haven't seen that one before. :thumbsup:

 

[BooGiMaN]

but what if he burned down the place and refused to give back the red swingline stapler?!