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The Library & Information Science Professional's Career Development Center |
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Whom It May Concern: A Guide for Giving Employment References |
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Many of us are familiar with the process of checking references for a potential employee. As a supervisor, you know that this is part of the hiring process. But you also know that when an employee is ready to leave, you may be contacted to speak on his or her behalf. Getting and giving references are both essential to the employment process, and each is fraught with difficult questions, conversations, and legal issues. This article is intended to help you think about the challenges of giving an employment reference and prepare for the conversation. Why Give an Employment Reference, and a Quick Overview of Legal Considerations The purpose of conducting an employment reference “is to obtain information related to the skills, strengths, weaknesses and overall performance of the job seeker in order to make a more informed hiring decision.”1 However, in a recent survey by the Society for Human Resource Management (SHRM), three out of four respondents indicated that while they do provide employment references, many reported that the information they provide consists only of employment dates and position.2 This reluctance of employers to provide information and the time involved in checking references are reasons given by employers as to why they don’t check references.3 Additionally, many have argued that giving out additional information may put the company or organization in a dangerous position, at risk of a lawsuit filed by the former employee claiming discrimination, defamation, or retaliation. In a recent article for HR Magazine, Brad Saxton, professor at the University of Wyoming College of Law, states the argument succinctly: “Employers have really good reasons, given the current law, not to give references…A lot of employers don’t see benefits for themselves.”4 In that same article, Jo Tucker, an employment attorney in Irvine, California, presents the argument in even more specific terms: “The risk of a defamation lawsuit is greater than the risk of not giving information. You’re putting yourself at risk for the benefit of another company, maybe even a competitor.”5 On the flip side, others argue that the free flow of job-related information in the reference-checking process is essential to good business practice. Edward Andler, a nationally recognized authority on reference checking and author of The Complete Reference Checking Handbook, argues that employers often want all the information they can get on prospective employees, but won’t give out anything regarding their own former employees.6 Essentially, he says, “withholding information rewards poor performers and penalizes good ones. It allows bad employees to pass unchallenged from one employer to the next, while tossing good ones into the same pot as everyone else with no reward for their diligence.”7 Additionally—and perhaps a more compelling argument for institutions— the employer has an obligation to protect employees and those it serves: “Employers have a duty to protect their employees, customers, clients, and visitors from injury caused by employees the employer knows, or should have known, pose a risk to others…If employers breach this duty, they may be liable for damages under the tort of negligent hiring.”8 “Recognizing employers’ predicament, 32 states so far have enacted statutes offering protection from liability for employers who give references in good faith.”9 For example, New York State Law “protects a current or former employer when they provide truthful information (i.e., facts, not opinions) about an employee’s job performance to someone who is in the position to make an employment decision regarding that employee.”10 It is essential that you know your state’s legal protections, as well as the policies and practices of your institution, before proceeding with the employment reference. Given the legal considerations surrounding employment references, why would you want to participate in this process? In very simple terms, by providing an employment reference for a current or former employee you make a valuable contribution to the hiring process. If you were recruiting an individual, you would expect the same professional courtesy from another employer. Also, in many cases you have a personal connection to the individual for whom you are serving as a reference, and you are committed to his or her professional success. How to Prepare ("To begin, in what capacity and for how long have you known the candidate?") In many cases, you will be contacted in advance regarding an employment reference. If you are not, however, and you are expected to answer questions at the first point of contact, it would be wise to ask to schedule an appointment, even if it’s for later that same day. First, you can take time to pull together your information regarding the candidate. Second, and perhaps more importantly, it will give you an opportunity to get a name and phone number so you can verify that this is a legitimate request for information. To organize your materials and thoughts about the candidate, it would be helpful to have, in advance, a copy of the candidate’s cover letter and resume, and a copy of the position announcement for which the candidate has applied. And while you will generally be asked to speak in broad terms about the candidate, having specific examples of a candidate’s projects, group work, and accomplishments will provide a nice context for your comments regarding the candidate’s strengths and weaknesses. “Although by definition a recommendation letter will always be positive, recommenders serve their students and academia best by writing a letter in which praise is measured and exacting [and] where superlatives are backed up by examples.”11 When You Are Asked (or Not) in Advance ("Please describe the candidate’s interpersonal skills.") Most of the above advice is predicated on the assumption that the employee has asked, in advance, for your permission to be listed as an employment reference, which we all know is best practice, and yet somehow isn’t 100 percent guaranteed. So, if you find yourself surprised by a reference call, what should you do? First of all, if this is someone you hold a high opinion of, you may want to keep your surprise to yourself. Even if you think this may have been an oversight by a truly exceptional employee, the potential employer—who may not have even met the candidate yet—wouldn’t be impressed by this omission, and may read into it more than just oversight (such as disorganization, overconfidence, disrespect, etc.). You would be wise to ask to make an appointment, contact the individual for the materials listed above, and take some time to pull everything together. If this is someone you don’t hold in high esteem, or can’t remember at all, you should probably decline to speak on his or her behalf. (More on that in the section below…) Type of Reference Checking (Phone, Letter) ("Please describe the candidate’s communication skills.") Reference checking can come in many forms, including telephone calls, written letters of reference, and email messages. Each format has its own advantages and disadvantages. Some prefer telephone calls because it can be more comfortable to speak freely than to compose a letter. However, on a telephone call you’ll need to be aware of your tone of voice, pauses when speaking (which to some could indicate hesitation or concern, when all you were really doing was taking a breath!), and other verbal communication issues. You will also be speaking “on the fly” because rarely do you know the questions in advance. Letters of reference, however, as asynchronous communication, give you time to carefully consider the questions, your word choice, etc., but are also somewhat limited in that there is no way for the potential employer to check for errors or clarify responses, and the writer’s bias or carelessness may be a factor in how the letter is received and interpreted.12 Giving Negative Feedback, and How and Why to Decline Serving as a Reference ("If you had a position similar to this one, would you hire the candidate?") Part of serving as a reference is to give a complete and honest assessment of the individual and his or her fit for the position. If you are asked to comment about a candidate’s weaknesses (or, stated more positively, opportunities for growth), there are a few strategies that will allow you to be honest while also not letting those observations dominate the conversation. First, make sure all of your feedback is job-related, documented and observed first-hand. Offer your observations in response to being asked; don’t just volunteer a weakness unless it’s something you feel could interfere with the candidate’s ability to do the job. If you are asked directly about specific weaknesses, be open and affirmative13 in your response and avoid highly negative comments. It’s especially important to talk with the employee in advance about any areas of concern or weaknesses you may have observed—nothing you say in the reference should be a surprise to the employee. There are occasions when you truly cannot serve as a reference, perhaps because you don’t have the time, you don’t have anything positive to say, or too much time has passed and you just can’t remember anything about the employee. In those cases, while it may be tempting to accept and then give a mediocre reference, it is definitely more honest, and in the best interest of the former employee, to decline. One way to refuse gracefully is to make it about what’s best for the employee—for example, by suggesting that “your limited support…doesn’t match the weight of the opportunity…and your neutral or unsupportive letter might only do…unintentional harm.”14 Tips and Questions ("Is there anything else you would like to tell us about the candidate?") Below are just a few tips to consider, and questions you may be asked, when you agree to serve as a reference:
Conclusion In summary, there are a dozen or more reasons why giving a reference is hard, but there are also very strong and very compelling reasons to participate, most important of which may be that you would hope an employer would do the same for you if you were in the position to hire. Honesty and communication are fundamental to good hiring practices, and good hiring practices are fundamental to the success of an organization. References
Tiffany Eatman Allen is a graduate of the University of North Carolina at Chapel Hill, with a BA in Psychology and Political Science, and a Masters of Library Science. She has worked in technical services in an academic library and a small corporate library, and currently serves as Personnel Librarian at UNC Chapel Hill. Article published Nov 2007 Disclaimer: The ideas expressed in LIScareer articles are those of their respective authors and do not necessarily represent the views of the LIScareer editors.
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Page last updated
10/27/2007
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