{ the dental team } by Jodi Schafer, SPHR
Reference Checks: What to say when you have nothing nice to say
I recently received a call from another dentist in town. She was doing a reference check on one of my previous em- ployees, someone I had terminated about two months ago. This employee was not very good, but I didn’t want to get myself in trouble saying something I shouldn’t. On the one hand I would like my ex-employee to find another position (and quit drawing unemployment), but on the other hand I don’t want to lie to a colleague and have her experience the same thing I did. Can you give me some guidance on how to handle these kinds of calls?
job of warning (scaring) us about the risk of a lawsuit if we say anything negative about a former employee. Add on top of that your own opinions about what this employee may or may not be capable of, and I can see why you are hesitant to say anything at all. In fact, many employers have a policy that limits reference check informa- tion to employee name, position title, dates of employment and eligibility for rehire. Is that what you should do too? In my opinion, no. While I realize the risk of discussing neg- ative aspects of a past employee’s tenure with your practice, I think that those risks can be mitigated. I also think that we, as employers, owe it to each other to be honest about a pre- vious employee’s strengths and weaknesses. So, how do you provide useful information in a reference check situation without opening yourself up to a defamation claim?
A
The first thing you should do is require a signed release from the past employee al- lowing the prospective employer to contact you and inquire about job related informa- tion like performance, behavior, attendance, adherence to work rules, etc. This document should be provided to you (typically via email or fax) BEFORE you give out anything be-
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ttorneys and HR professionals alike have done a really good
might have related to that is- sue to support your answer. However, if your colleague asks you whether or not this former employee was pleas- ant to work with, be careful how you respond. This is a more subjective question and unless you can cite spe- cific examples or have docu- mentation related to this in the personnel file, I would steer clear of responding.
yond name, rank and serial number. It should include language that releases you from any liability for discussing job-related aspects of that person’s employment with you. It should also indicate that the former employee waives his or her right to be notified of you providing such information. If your ex-em- ployee is hesitant to provide a release like this to your colleague (their potential employer), then that should be a red flag all on its own.
Once a signed release has been obtained, you may then begin to answer the questions that your colleague asks you. Tread lightly though … a signed release is not a “get out of jail free” card. Your responses still can be viewed as de- famatory if they are not truthful, job-related and supported by documentation retained in the personnel file. So, if this employee had an attendance problem and your colleague asked whether or not they were reliable, you could honestly say no. You would have the time sheets and any disciplinary notices you
The main idea here is to keep your answers brief, concise and as factual as possible. The fact that you don’t go on and on about how great this employee was will send a message all on its own.
I’ll leave you with this final piece of advice. Whether or not a former employee is eligible for rehire is a very standard question. In fact, it’s one of the few that you can get all HR personnel to answer. So, use that to your advantage. When conducting a reference you should always ask that question of others and when giving a reference always be sure to an- swer it. If you wouldn’t rehire this employee then you should say so—whether they spe- cifically asked you or not. You don’t have to elaborate as to why, but you’ll get your point across without incurring much risk. f
JODI SCHAFER is a certified Senior Professional in Human Resources (SPHR) and owner of Human Resource Manage- ment Services, LLC. Learn more at
www.hrmservices.biz.
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