What Can an Employer Say About Work History?
Concerns about legal troubles cause some employers to limit what they say about former employees' work history. Employers are not only worried about facing lawsuits from former workers, but they also are concerned about getting embroiled in legal troubles with other employers who question the accuracy of the references they provide.
Other People Are Reading
-
Defamatory Remarks
-
Employers can avoid making unintentional defamatory remarks about former employees by only making statements of fact that they can prove. The Nolo law information website says employers can get entangled in defamation lawsuits if they aren't careful about what they say when providing references for former employees. Former employees usually have to prove an employer intentionally tried to damage their reputations to successfully sue a company in a defamation suit. Still, employers shouldn't make negative statements about workers that they only believe to be true. There should be documentation that shows such statements are true.
Problem Employees
-
Companies can avoid being in situations in which they have to provide negative references by warning some employees that they won't receive a good reference from the company. Employees who have been fired or repeatedly reprimanded may require such warnings before they leave a company. Another option for providing neutral references is to adopt a policy in which human resources personnel only reveal job titles, dates of employment and salary histories to potential employers of a company's former workers.
-
Blacklisting
-
The American Bar Association indicates in an article titled "Law and the Workplace" that blacklisting by employers is prohibited in about 20 states. Blacklisting is an intentional effort by employers to prevent former employees from getting jobs elsewhere. However, the ABA notes that making factual statements about a former employee's job skills isn't considered to be blacklisting. Employers also shouldn't give good references for people who were problem employees if they choose to provide more than just basic information about their employment history. Companies can get into legal trouble with other employers for providing good references that cover up serious problems they had with former workers.
Considerations
-
Employers can shield themselves from defamation lawsuits by requiring employees to sign reference releases before they leave a company. The release should include a statement in which employees agree not to sue the company for providing information about their employment history to other prospective employers. Companies also can protect themselves by only providing references in writing to document what was actually said about an employee's work history.
-
