Nick wrote about a similar topic earlier this week! In Nick’s posting he references an Ohio “hold harmless” law that allows employers to give thorough references on past employees.
I recently found this posting on HR Recruiting Alert that lends the same message. In it the author sites the case ‘Luttmann V. Tiffany and Co.‘ .
What should companies say when they get reference calls about a former employee who was fired for misconduct? Here’s some help from a recent court ruling.
An employee’s boss caught him tampering with the company payroll system to lower his federal tax withholding. His actions were against company policy, and he was fired.
Eventually, the manager got a call from another employer asking for a reference for the former employee. He told the caller the man had been fired for misconduct.
The prospective employer asked the employee to sign a release so it could get more information about his termination. He refused and didn’t get the job.
I am happy to see more of these cases come out. Employers should always tell the truth when a fellow employer is conducting a background check. Even though this was a ‘victimless crime’ imagine if he did something more serious. One small incident can cripple a small business. Not sharing this type of information could put another company at risk! Always consult with your labor attorney first but creating a good reference policy and telling the truth is always a good practice!
