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Job Reference Policy
Important disclaimer: The policy available on this page is only an example and is furnished merely as an illustration of its category. It is not meant to be taken and used without consultation with a licensed employment law attorney. If you are in need of a policy for a particular situation, you should keep in mind that any sample policy such as the one available below would need to be reviewed, and possibly modified, by an employment law attorney in order to fit your situation and to comply with the laws of your state. Downloading, printing, or reproducing any of these policies in any manner constitutes your agreement that you understand this disclaimer and that you will not use the policy for your company or individual situation without first having it approved and, if necessary, modified by an employment law attorney of your choice.
As noted in our "Confidentiality" policy, we maintain strict confidentiality for our current and former employees. For that reason, job reference information must be handled with careful attention to proper procedures. All contacts from outside parties regarding current or former employees must be referred to the Human Resources office for handling; employees receiving such contacts, whether by phone or in person, must refer the inquiry to that office. It is impossible to tell who a caller is or why they are really calling. The proper response for an employee not in the Human Resources office receiving a request for information about a current or former employee is "Please let me refer you to our Human Resources office for information. Thank you." The Human Resources office will handle the inquiry from that point.
Employees will be asked to sign a personal information confidentiality and disclosure statement (see also the "Confidentiality" policy) in which they 1) acknowledge that certain types of information about them will be gathered and maintained by the Company and 2) authorize disclosure of certain information to specified parties under specified circumstances. Subject to that procedure will be any information release that falls into the category of a job reference. Any release of information not in keeping with the authorization signed by the employee may lead to disciplinary action against the employee or employees responsible for such disclosure, up to and possibly including discharge from employment.
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Again, it is not recommended to simply adopt this sample policy for your situation without first seeking the advice of an employment law attorney. There is almost an infinite variety of policies for various kinds of workplaces and different kinds of situations. Moreover, the laws vary widely from state to state in some areas of employee relations. Thus, it is very important to make sure that what you have in your policy handbook not only truly meets your needs, but also complies with your state's law. |
Don't know an attorney? Contact ELANet for information on how to find an attorney concerning the design or review of employment policies for your situation:
© 2000
Employment Law Advisory Network, Inc.
© Copyright 2000 Employment Law Advisory Network, Inc. All rights reserved.