ONE OF your employees is either fired, or quits of his own volition. No matter what the reason, you assume that you do not have any truck with him once he leaves the organisation. Well, this is not to be!
Questions regarding the former employee surface soon enough in the shape of reference requests from prospective employers. In fact, with job-hopping and layoffs becoming the order of the day, organisations cannot escape being bombarded with incessant background check queries.
Well, you, as an employer, have to concede that checking the applicant's credentials is an integral part of your hiring processes too.
And, while digging into someone's past, history of performance on previous jobs comes to mind first, as they are indicative of the things to come.
However, this does not make the experience any less uncomfortable. `Shot in the dark' queries like `Would you rehire the employee in the future?' confound many. In fact, most employers find themselves in a catch-22 situation regarding whether to align themselves with the prospective employers or stand by the former employee.
Should you call a spade a spade or is it better to let sleeping dogs lie? And, what about possible repercussions from the former employee if he misses out on the job? Read on for information on all this and much more.
Do your own check first
Firstly, inquire whether the candidate has identified you as a reference; you can also insist on a written consent. Or, protect yourself by obtaining a signed approval authorising references when someone leaves your employment itself.
Else, opt to postpone the matter to a later date while you check back with the ex-employee or collect the requisite information. And, do verify the requester's legitimacy too.
Not as available as running water
You are under no obligation to give the information if you do not wish to do so. You can always decline with an, `I would rather not comment', if you dread being caught in the crossfire. Also, you can choose to adopt a limited information policy wherein you restrict your responses to the period of employment, pay level and job description.
What the law says
Undue worries about being sued by the applicant are baseless as the law generally provides civil immunity to former employers during reference checks if the information discharged is honest and accurate. However, do update yourself with the caveats that prohibit release of sensitive information.
Put your cards on the table
Whatever you say or do, keep these provisos in mind:
1. Questions regarding the ability to perform a job, like diligence, productivity, communication, interpersonal skills and leadership and personal characteristics like honesty and reliability warrant a specific and direct appraisal. Shed light on both positive and negative aspects backed up by relevant examples or proof wherever possible.
2. You can request a copy of the job description of the applicant's position. This will give you a clear understanding of the requisite skills and help you provide relevant information only.
3. You should reveal information pertaining to behavioural concerns, illegal acts or wrongful deeds during the discharge of job duties in your organisation only if the said comments had been communicated to the employee by way of reprimands or otherwise.
4. Details of formal performance evaluations, disciplinary charges and reasons surrounding the discharge can legally be disclosed only if they are based on factual documentation.
5. Never reveal potentially discriminatory information like age, marital status, national origin, disability, etc. Also, employee grievances and worker's compensation claims are a strict no-no.
6. Do not launch into an unending diatribe given half a chance. Make sure that you respond only to specific queries and not volunteer information on your own.
7. Act in good faith and provide truthful facts only, no matter how malicious you may feel. Refrain from twisting the truth or providing deliberately misleading information in an attempt to get back at the employee.
8. Make objective observations based solely on your professional relationships. Remarks like `He is like a younger brother to me' will chip away at your credibility.
9. Also, retain a written record of your course of action in the employee personnel file for posterity.
Whatever you do, remember that the applicant's future is at stake. Respond sagaciously and both the prospective employer and former employee will thank you for that!
Questions regarding the former employee surface soon enough in the shape of reference requests from prospective employers. In fact, with job-hopping and layoffs becoming the order of the day, organisations cannot escape being bombarded with incessant background check queries.
Well, you, as an employer, have to concede that checking the applicant's credentials is an integral part of your hiring processes too.
And, while digging into someone's past, history of performance on previous jobs comes to mind first, as they are indicative of the things to come.
However, this does not make the experience any less uncomfortable. `Shot in the dark' queries like `Would you rehire the employee in the future?' confound many. In fact, most employers find themselves in a catch-22 situation regarding whether to align themselves with the prospective employers or stand by the former employee.
Should you call a spade a spade or is it better to let sleeping dogs lie? And, what about possible repercussions from the former employee if he misses out on the job? Read on for information on all this and much more.
Do your own check first
Firstly, inquire whether the candidate has identified you as a reference; you can also insist on a written consent. Or, protect yourself by obtaining a signed approval authorising references when someone leaves your employment itself.
Else, opt to postpone the matter to a later date while you check back with the ex-employee or collect the requisite information. And, do verify the requester's legitimacy too.
Not as available as running water
You are under no obligation to give the information if you do not wish to do so. You can always decline with an, `I would rather not comment', if you dread being caught in the crossfire. Also, you can choose to adopt a limited information policy wherein you restrict your responses to the period of employment, pay level and job description.
What the law says
Undue worries about being sued by the applicant are baseless as the law generally provides civil immunity to former employers during reference checks if the information discharged is honest and accurate. However, do update yourself with the caveats that prohibit release of sensitive information.
Put your cards on the table
Whatever you say or do, keep these provisos in mind:
1. Questions regarding the ability to perform a job, like diligence, productivity, communication, interpersonal skills and leadership and personal characteristics like honesty and reliability warrant a specific and direct appraisal. Shed light on both positive and negative aspects backed up by relevant examples or proof wherever possible.
2. You can request a copy of the job description of the applicant's position. This will give you a clear understanding of the requisite skills and help you provide relevant information only.
3. You should reveal information pertaining to behavioural concerns, illegal acts or wrongful deeds during the discharge of job duties in your organisation only if the said comments had been communicated to the employee by way of reprimands or otherwise.
4. Details of formal performance evaluations, disciplinary charges and reasons surrounding the discharge can legally be disclosed only if they are based on factual documentation.
5. Never reveal potentially discriminatory information like age, marital status, national origin, disability, etc. Also, employee grievances and worker's compensation claims are a strict no-no.
6. Do not launch into an unending diatribe given half a chance. Make sure that you respond only to specific queries and not volunteer information on your own.
7. Act in good faith and provide truthful facts only, no matter how malicious you may feel. Refrain from twisting the truth or providing deliberately misleading information in an attempt to get back at the employee.
8. Make objective observations based solely on your professional relationships. Remarks like `He is like a younger brother to me' will chip away at your credibility.
9. Also, retain a written record of your course of action in the employee personnel file for posterity.
Whatever you do, remember that the applicant's future is at stake. Respond sagaciously and both the prospective employer and former employee will thank you for that!
PAYAL AGARWAL
No comments:
Post a Comment