Some people think an employment reference is required by law to be only name, rank, and serial number. Others think anything true can be released in an employment reference. Both are wrong, at least in Kansas. Although many companies wisely choose to only release neutral information like dates of employment and last position held, others make different, riskier choices. Truth is generally a defense in litigation over employment references, but even certain true information cannot be disclosed. Still, it costs a great deal of money to defend a case, even when you win. Thus, the neutral reference option chosen by many companies.
Not everything true can be released. Just one example is the release of medical information about an employee or ex-employee. Releasing or not releasing information in a certain way or tone could be illegal as well. "That's all I'm going to say about him" or "no comment" is very different than "per company policy, we only release dates of employment and last position held for all employees here." Many states (including Kansas) have reference statutes that provide either full or qualified immunity to employers if they follow the rules set forth therein.
Other things to consider include who should be the reference-giver ("all calls routed to human resources" versus "any manager may respond"--you can probably identify which of the two has more liability potential, requires more frequent training and results in less control by the employer). To make sure your company is in compliance with the law, contact a qualified legal professional, not Wikipedia or your Uncle Pete (unless he is an employment lawyer licensed in your state). http://www.employmentlawman.com/monday-morning-musings.html
Not everything true can be released. Just one example is the release of medical information about an employee or ex-employee. Releasing or not releasing information in a certain way or tone could be illegal as well. "That's all I'm going to say about him" or "no comment" is very different than "per company policy, we only release dates of employment and last position held for all employees here." Many states (including Kansas) have reference statutes that provide either full or qualified immunity to employers if they follow the rules set forth therein.
Other things to consider include who should be the reference-giver ("all calls routed to human resources" versus "any manager may respond"--you can probably identify which of the two has more liability potential, requires more frequent training and results in less control by the employer). To make sure your company is in compliance with the law, contact a qualified legal professional, not Wikipedia or your Uncle Pete (unless he is an employment lawyer licensed in your state). http://www.employmentlawman.com/monday-morning-musings.html
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