References: keep them fair and honest: what should you say or not say when a business calls asking about former employees?

• Author: Sergeant, Deborah Jeanne

You rely upon employment references to make wise hiring choices. Without them, it s difficult to assess whether or not to hire an applicant.

When other companies' representatives call for references on your former employees, nothing obligates you to share a thing; however, many employers choose to offer information: good, bad, or, sometimes, downright ugly. By sharing information with prospective employers, they help strengthen the community by keeping hardworking people employed. They also can help other companies avoid wasting resources on employees who likely won't work out with their firms.

In the past, employers could be held liable for what they say about former employees, especially in sticky situations in which the company and employee perspectives differ. These days, in Alaska, that's not the case. Since it was passed in the early 1990s, Alaska Statute 09.65.160, "Immunity for Good Faith Disclosures of Job Performance," protects employers when the employer shares job performance information in good faith.

"It was intended to provide a level of assurance that (employers) could give some information without being sued," said Tom Owens, founder of Alaska HR Consulting in Anchorage. "... there's still a healthy degree of caution for employers," he added.

The exceptions to the protection include "recklessly, knowingly, or with a malicious purpose disclosed false or deliberately misleading information or disclosed information in violation of a civil right of the employee or former employee that is protected (under the law, such as age, gender, physical ability, etc.)."

By planning ahead, you can help avoid legal problems when giving references on past employees and also help employers find the right fit for their job opening.

Know with whom you speak. You need to get the name of the company, the physical address, phone number, and the name of the contact person. "It's not uncommon for employees to pose as people looking for references to find out what you're saying about them," Owens warns.

Nothing but the truth represents the best policy. Don't exaggerate, make vague statements, or say anything you can't back up with documentation.

Barb Stallone, a partner with The Human Resource Umbrella in Anchorage, gave an example.

"Don't say, 'he was always late,'" she said. "Don't provide information where you don't have factual documentation to back it up."

Saying that someone is always late represents a generalization. Instead, if you're asked...