How to Handle Reference Calls for Employees Who Were Fired
Firing an employee can be an unpleasant situation. Whether you terminated the employee based on incompetence or misconduct, that person will probably need another job soon. Many employers perform background checks on all prospective employees. Included in the screening is contacting prior employers to ask about the candidate's history with the company. Handling the questions about that person's discharge can be tricky, though, and you risk being liable for harming your ex-employee's job prospects and then being sued. Therefore, it's best to know your company policy about reference information before you are asked.
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Instructions
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Assign a contact in your company who will handle all reference information requests. Sometimes a human resources department employee can perform the task. This prevents supervisors from being interrupted to answer questions during the workday and ensures conformity of the type of information disseminated.
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Ask the requester for a signed form from the candidate authorizing the release of information from prior employers. If the company provides you with one, the employee is aware that you may be contacted and has given approval.
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Require that the reference request be placed in writing. When you answer only appropriate questions in writing, you can prove what you disclosed and reduce your risk of liability.
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State only the facts found in the employee file about work performance and conduct. Do not embellish or make any statements that are not documented and accurate.
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Tell the truth. Don't lie and give your prior employee a glowing report because you are afraid of being sued if you are truthful about the termination.
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Institute a policy in your company that limits the information given to all requests for references. Some companies only divulge the start and end dates of employment, position held and wages earned. This approach limits your liability but does not tell the inquiring party anything about performance.
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