Yesterday’s Advisor offered tips about giving references. Today’s we look at tips for handling other types of requests, such as subpoenas and financial data, again courtesy of BLR’s SmartPolicies program.
Telephone Requests
What should supervisors do if they receive a telephone call requesting information on an existing or former employee? Policies should address what the recipient of the call should do. For example:
- Refer the call to HR.
- Request the identity of the caller
- Ask why the information is being sought
- Take the name and telephone number of the caller so that the information provided by the caller can be confirmed as accurate.
- Ask for a written request from the person seeking the reference.
- Contact the employee before giving out information.
- Request written authorization from the employee.
- Provide the information in writing.
- Confirm the dates of employment and positions held.
Other Types of Reference Request
Requests concerning currently employed individuals. It is customary not to answer a request for information on a current employee without the individual’s consent.
The amount of information given may vary depending upon the identity of the requester. For example, if an employee is seeking to qualify for a home improvement loan, an employer may want to be more cooperative than if it is a former employer trying to locate the employee.
Termination letters. If your state requires you to provide employees with a letter detailing the reasons for the employee’s termination, the policy should address how to prepare the letter. Consider obtaining legal advice before responding to a written request.
Financial information. When an employee applies for credit, such as for purchasing a home or a car, you may be asked to complete a reference report. Your natural inclination will be to aid the employee. However, your policy should establish guidelines so that you do not inadvertently create an employment contract with the employee by your responses to the inquiry. Furthermore, you should also obtain the employee’s written consent to respond.
Subpoenas. Generally, you should first direct a subpoena to your legal department or outside counsel for confirmation that it is valid. Once its validity is determined, you should respond within the appropriate time period. You should also advise the employee of the existence of the subpoena to give the employee the opportunity to oppose it.
The Need for Consistency
No matter how you decide to handle reference requests, make sure that your policy is aimed at consistent treatment of all employees. (This is one reason why so many companies simply have the personnel/human resources department handle all reference requests.)
Supervisors’ Special Role
Most reference requests are addressed to the current or former employee’s immediate supervisor. Therefore, your policy should be addressed to supervisors and should leave no room for guesswork about how information requests should be handled. Finally, be sure to include this topic in supervisory training.
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