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Sandy Flippo, SPHR In today’s litigious atmosphere, most employers do not provide other than dates worked and job title when asked for a reference for an employee. Some states give employers “qualified privilege” for references provided in good faith, allowing an employer to give information based on documented facts. Regardless whether your state provides immunity, employers must be careful not to make any statements that are false, have malicious intent, violate a non-disclosure agreement or includes confidential information. In giving a reference, either as the employer or personal connection, take care to ensure that what you are saying is true, accurate and not misleading. If the reference information puts the candidate in a negative light, there is the risk that the employee will sue you for damages if he is denied the job. In some cases, the candidate could bring an action claiming discrimination or defamation. Glowing references may put you in an unfavorable situation. When the new employer hires the candidate believing that he was a stellar employee for you, that employer can claim damages against you if you led them to believe that the candidate had talents and experience that are not real. Whether or not your state gives immunity, only give factual information that is backed up with documentation. There is no obligation to give a reference that is more than employment dates and job title. But if you decide to give a reference, be sure that the procedure is written into a policy, advise persons seeking reference information that you can only give out basic information based on your company policy and be consistent with all reference requests. Employers need to have a written policy which is distributed to all managers regarding how and what to say when asked for a reference. Employees Only can assist you in developing policies and procedures to keep you compliant. Just give our HR professionals a call at 248-276-0950.