HR Management & Compliance

Employment Law Tip: How to Avoid Trouble with Reference Requests

Providing references for current and former employees can be tricky. Improperly handling such requests can lead to lawsuits and claims from both the individual and the new employer. Each state sets its own thresholds for liability arising from employment references. Regardless of location, employers should exercise caution and err on the side of providing too little rather than too much information. Run down this checklist before providing any information about a former employee:

  1. Is the request for information for an individual who has worked for your organization? Many people have similar names, so be sure to confirm identity before providing any information.
  2. Did the individual provide your organization with a signed release permitting you to provide information to others?
  3. Has the person or organization requesting the reference explained the reason for the request?
  4. Is the information you are providing limited to job title, dates of employment and wage rate?
  5. Have you instructed all employees that all requests for references are to be handled by one person (or department) to avoid unauthorized disclosures of information?
  6. Have you retained a copy of the request for information with a copy of the information provided?

Additional Resources:

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