2. Our advice: Don't go into detail. DON'T have an "ask, but don't give" reference policy. Explain the circumstances, in advance, to potential reference givers . i There are times when a manager is contacted by a potential employer and has to give a negative reference for a current or former employee. For example, an employee may have been incompetent but pleasant. But if the employee was fired, you face a more difficult task. For all things PeopleHR - please use the following link to find out more. Give them about a week to decide. An experienced employment law attorney will be able to determine whether there is a viable claim for defamation arising out of your former employer's reference. Opinions also are generally protected, and simply because someone disagrees with their former employer's opinion does not entitle them to collect damages under defamation law. Stick with business language, work-related comments and the facts when you give a negative review. How should employers handle giving a bad reference? The clear downside, of course, is that employees with sterling records are left without apotentially valuable reference. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. You never know if the person requesting the reference is posing as a potential employer and is really a private investigator, debt collector, stalker, identity thief or ex-spouse, according to the Texas Workforce Commission. However, they could be in a tight spot. Even if someone does get notified that they were denied a particular job, the employer rarely explains the reason, except perhaps to say that many qualified individuals applied and another candidate was chosen. How to Handle Bad References From Employers - The Balance Or, "He struggles with accounting software programs, but is always willing to attend training seminars." Offer insight so the hiring manager won't automatically write the employee off and might be able to work around weaknesses and shortcomings. When you don't have much good to say about a former employee, what should you tell reference checkers? To improve HR processes, there are various tools and techniques you can deploy. Employers are permitted to respond to a request for a reference by giving an opinion, even if that opinion could potentially harm the employees reputation and conversely their current job prospect. Again, if your reference is untrue it could potentially open the door up for a defamation suit. But, in my opinion, the two most important things we can do to prevent numerous infections are hand-washing and getting all your recommended vaccines," Frenck said. If an individual knowingly and voluntarily signed a release authorizing the former employer to provide references, that could constitute a defense against defamation. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Need assistance with a specific HR issue? Here are some tips to help you avoid problems: For more help in dealing with difficult employees, get Dealing with Problem Employees: A Legal Guide, by Amy DelPo and Lisa Guerin (Nolo). $("span.current-site").html("SHRM MENA "); And even if youve done nothing wrong, youll still need to fork out cash to defend your case. However, there are some practical challenges with any defamation case, some of which are heightened in the context of job references. Besides the potential legal risks associated with embellishing, its not in the potential employer or employees best interest to hire them into a job they are not capable of doing. You can find a lawyer by contacting your local or state bar association. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Even if the employee is a troublemaker or has poor work habits, find at least one or two polite and constructive things to say. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. When bad employees tell you they are looking for a new job, you may breathe a sigh of relief. Setting aside a specific time to discuss the candidate can help ensure that you are able to give a comprehensive, professional, and positive reference. Fear that a prospective employer will rely on the reference, hire the candidate in question, and subsequently sue because the content whether positive or negative was inaccurate and the employer suffered damages as a result. Possibly the most common way to get around providing a reference, is to only mention the positive traits an employee exhibited. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Multiple people have recently contacted me about this exact scenario wanting to know if the law provides them with any recourse at all. What employers can say in a reference - Acas Dont agree to provide a reference that you dont feel 100% about giving but remember that its perfectly legal to provide a bad reference, as long as its honest. Employee authorizes Company to disclose, in its sole discretion and judgment, any information Company determines is appropriate to disclose, including evaluations, assessments, or information Company has about Employees behavior and performance., For example, you can write: In exchange for Companys agreement to disclose additional employment-information at Employees request, Employee agrees to release and discharge Company and Companys successors, officers, directors, and employees from all claims, causes of action, and liabilities, known or unknown, arising from or in any manner connected to Companys disclosure of employment-related information to potential employers. She is pursuing a doctoral degree at The University of Albany, SUNY where her work focuses on diversity and inclusion, racism in the workplace, and racial identity. You can avoid being too negative by providing some balance. When you do agree to give a reference, ask the candidate for assistance. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Avoid comparing the employee to other workers and keep your personal feelings out of the discussion. You must still be 100% factual and honest in your reference. Whenever one of your employees leaves, you will have to decide what to say to other employers who call for a reference. Can they say that someone was fired, frequently late or a poor performer? If there is not a reference to a policy on giving employment references, then you should obtain and implement one as soon as possible. We make every effort to keep our articles updated. And according to Nannina Angioni, employment attorney with Kaedian LLP, this policy is a good one to apply to all reference requests as a rule of thumb. But anything that could be considered a personal interpretation of these facts, which goes on to affect the employees future career prospects, could cause trouble. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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