Description

Employment Reference Policy

Employment Reference Policy Preparation Form – We recommend that you gather the information in this form prior to accessing the online questionnaire.  Doing so will help you efficiently create your custom Employment Reference Policy.

Summary

This Employment Reference Policy provides a policy regarding employment references for former or current employees.  Employers may incorporate this policy into an employee handbook or use it as a stand-alone policy document.

This policy can be helpful because prospective employers often seek employment references regarding a company’s former or current employees.  Additionally, a former or current employee may contact their supervisor, manager, or coworker for a recommendation.  Such employees often contact others for a recommendation either directly or through a social media website, such as LinkedIn.  Generally, employers are not required by federal law to provide employment references.  However, many employers choose to do so.

Details

A policy like this can serve several important functions, including the following:

• Centralizing all requests for employment information regarding former and current employees.
• Defining reference requests that come within the policy to include:
  • informal;
  • formal;
  • unwritten; and
  • written.
• Informing supervisors and managers (or all employees) where to direct all requests for employment information. For example, requests are typically directed to the human resources department or another identified department.
• Providing the employer’s procedure for responding to requests for employment information.
• Ensuring that all requests are handled consistently.
• Minimizing the risk of liability for the following claims under federal or state law:
  • defamation;
  • retaliation;
  • discrimination or disparate treatment;
  • invasion of privacy;
  • interference with prospective employment;
  • blacklisting; and
  • failure to warn, negligent referral, or negligent misrepresentation (brought by the new employer or other third party who claims to have suffered harm.

State Law Considerations

This policy does not address state or local laws.  Thus, employers should incorporate state or local laws, if applicable, as they may impose additional or different requirements on employers.