The Dangers of Making a Referral
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Years
ago it was commonplace to give job referrals for employees or professional
acquaintances. For example, 25 years ago when we moved from Cincinnati to
Tampa, for those employees who elected to stay behind and not make the move,
we openly helped them locate new jobs. We had several contacts in the systems
industry and were able to help our people find work. This was not unusual at
the time, but I'm afraid you do not see such practices anymore, nor do I
recommend giving such referrals as this has become a potentially litigious
problem. For example, if you give a positive endorsement, and the worker
doesn't perform to the satisfaction of the new employer, the company may elect
to sue you for misrepresenting the worker. On the other hand, if you give a
negative endorsement, the individual in question may sue you over defamation
of character. In other words, it's a "lose-lose" proposition no matter what
you do.
The best thing is to say as little as possible. In fact,
Human Resource departments generally frown on any form of endorsement and most
companies today have written policies prohibiting employees from giving
referrals. However, if by chance you are put in a position to talk about
someone, particularly a former employee, there are two things you are allowed
to discuss as a general rule:
1. Employment verification - the specific job held by the
person and the dates of their employment.
2. Is the person eligible to be rehired? (Yes/No).
Do not elaborate beyond this. Do not articulate any
opinion. Just stick to the facts. If pressed for additional detail, say,
"I'm sorry but it is not our company's policy to divulge any other background
information on employees." Nor should you provide anything in writing.
Believe me, the person making the request, usually someone from Human
Resources, will know the drill and will be surprised if you deviate from the
script. The only exception might be if the company signs a waiver to hold you
harmless from any comments you make. Even then I would think twice about
volunteering anything.
Regrettably, such a position on referrals makes it
difficult for an employer to know what they are getting in terms of a worker's
true skills and character. This forces the employer to depend upon the
candidate's resume and interview, with no way of substantiating the
candidate's claims.
Then there is the matter of making referrals on the
Internet, which is popular among employment services and social networking
services such as LinkedIn. These facilities provide the means to make
recommendations, but again, you should exercise caution for the same reasons
mentioned above. Just because it is on the Internet doesn't mean you are
somehow protected from litigation. Again, companies have formal policies for
making referrals.
The biggest difference in this regard between now and
thirty years ago is that although you may be better protected from law suits,
companies are more inclined to buy a "pig in a polk," thereby complicating the
process of finding the right person for the right job.
Keep the Faith!
Note: All trademarks both marked and unmarked belong to their
respective companies.
Copyright © 2010 by Tim Bryce. All rights reserved.
About the Author
Tim Bryce is the Managing Director of
M. Bryce & Associates
(MBA) of Palm Harbor, Florida and has over 30 years of experience in the
management consulting field. He can be reached at timb001@phmainstreet.com
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Article Published/Sorted/Amended on Scopulus 2010-08-24 11:09:27 in Business Articles
