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You receive a call from a hiring manager for another company in your city asking about a former employee. Steven has just applied for a traveling sales representative position at that company and the hiring manager is performing a routine reference check. She asks for your assistance in verifying Steven’s employment history at your company.
You remember Steven all too well. He resigned from your organization just a couple of days after it was rumored that he had been arrested for driving while under the influence of alcohol after leaving a customer location. Because the arrest allegedly occurred while he was on the job, you were especially concerned.
You willingly verify Steven’s length of employment and his salary, as well as the fact that his departure was a voluntary separation. However, the hiring manager then asks whether you have any additional information that she should consider in hiring Steven as a sales representative. Should you disclose the apparent arrest? If you do, are you opening up your company to liability for privacy or defamation claims? What if you don’t?
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Answer: |
If you had documentation showing for a fact that Steven was arrested for a DUI, and that the arrest occurred while he was performing job-related duties, it may be best for you to disclose the information. If Steven were actually convicted, and the hiring manager told you that he was being considered for a position that required driving to customer locations, it would be even more compelling that you disclose this information.
However, the scenario is not so clear cut. Because you don’t know for a fact that Steven was actually arrested, and you certainly don’t know whatever became of the arrest if it did indeed occur, you probably are under no obligation to disclose the rumor. But you could get yourself into trouble by misleading the hiring manager with a statement to the effect that to your knowledge Steven had a perfect driving record or even if you comment on his performance in general.
Job reference policy guidance. To avoid potential problems in disclosing information about former employees, it is a good idea to implement a policy on giving references, outlining the type of information that can be disclosed. Here’s what HR can do:
- Develop a written policy that addresses what information will be provided and how.
- Specify how the policy will be reviewed, enforced and documented.
- In your policy, specifically address employer reference requests and letters of recommendation.
- Consider restricting the information that you will provide or verify to name, social security number, dates of employment, last title, last salary, and reason for leaving employment.
- Consider reviewing employment reference procedures and training frequently with counsel.
- If the organization’s policy is to not release certain information, tell employers who request information what the policy is so that the employer does not assume that failure to provide the information means that the information is being withheld because it is negative.
- Design a form that captures all pertinent information concerning a prospective employer’s request for information on a former employee so that all information relayed is documented. Have the individual who had the conversation as well as his or her manager sign the form.
Source: CCH HR How-to: Workplace Privacy.
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