What information can we give to an employer requesting a reference on one of our current or past employees?

This can be a tricky situation. On one hand, you don’t want to withhold potentially crucial information (i.e., employee has a history of workplace violence). On the other hand, you don’t want to risk a defamation lawsuit. Most employers adopt a policy of providing only factual information related to the dates of employment, job title, etc., unless the employee is a threat to others. Whatever your policy, below are some tips to consider:

• Only give out job-related information.
• Document all referenced given.
• Don’t volunteer information.
• Get a written release for references beyond basic information such as dates of employment, job title, etc.
• Check state laws for reference checking requirements or waiver of liability.
• Be truthful and give objective facts.