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. Consider taking the following steps:

• Develop a written policy that addresses what information will be provided and how.
• Specify how the policy will be reviewed, enforced and documented.
• Address employer reference requests and letters of recommendation specifically in your policy.
• 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 not to 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.

Reprinted with permission. © CCH