So, you need to teach managers how
to give references instead of instructing
them to send all reference requests to
HR, which will only confirm dates of ser-
vice and title. They are going to provide
references anyway, so let’s teach them
how to do it.
Just the facts: Some people love to
talk and share opinions, but that’s where
you run into trouble. Tell your manag-
ers to stick to the facts. If it wasn’t writ-
ten in a performance review, then you
don’t want to say it — especially when it
comes to negative things. So, it’s OK to
say, “John made a higher number of er-
rors than other employees,” if that’s a
documented thing. But it’s not OK to say,
“John was a terrible employee.”
It’s OK to say, “John was promoted
after being here for only six months!”
It’s not OK to say, “John was the best em-
ployee ever!” One is a documented fact.
The other is an opinion. If the statement
won’t hold up in court, don’t say it.
Remember the law: Remind your
managers they can’t hold any protected
activities against their former employ-
ees. For instance, you might think atten-
dance is a slam dunk thing to reference.
After all, the number of absences any one
employee had is easily documented and
would hold up in court. But were those
absences covered by the Family and
Medical Leave Act or military service?
Were they part of a reasonable accom-
modation under the Americans with
Disabilities Act? If so, you can’t hold that
against the employee and mentioning
it — “John was on intermittent FMLA,
so he was gone a lot” — shouldn’t be al-
lowed.
Additionally, saying “John filed three
sexual harassment complaints” may be
accurate, but telling a potential em-
ployer that could be seen as retaliation.
Leave that out.
Don’t answer every question: Just
because a recruiter asks about your for-
mer employee doesn’t mean you have
to answer. You can say, “I’m super busy,
but I’ll let you know that I would rehire
John into this or a similar position.” Or,
“Thanks for asking! I terminated John
after he failed to meet the conditions of
a performance improvement plan.” And
then hang up. You’re done. You should
never go into the gossipy details.
Dealing with salary issues: Salary
used to be a standard question asked of
job candidates, and it was usual to con-
firm it from previous employers. Now?
Forget it. It’s illegal to ask the candidate,
and it’s only legal to ask a former em-
ployer if the candidate has already re-
ceived an offer. (And, in San Francisco,
and better references than just saying,
“Don’t say anything!” And your former
employees will thank you for it. n
Suzanne Lucas spent 10 years in corporate
human resources, where she hired, fired,
managed the numbers and double-
checked with the lawyers. On Twitter
@RealEvilHRLady. Send questions to
[email protected].
Managers are caught in this game between
their company policy, which requires them to
be tight-lipped, and the reality of job hunting,
which is everyone needs references that can
speak to their performance.
you need the candidate’s written autho-
rization before their previous company
will release the information.) It’s also
something you don’t need to know. You
should offer a salary based on the mar-
ket rate for the job. What the person
earned previously is irrelevant.
Training your managers in these ar-
eas will likely result in more compliance
What is your company policy for
handling requests for references?
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