Should employers give thorough, honest job applicant references and evaluations?

• Author: Pearce, Loren
• Position: Up Front - Brief Article

[Yes]

Loren Pearce

Freelance writer and human resources consultant based in Ogden

Utah State Code Section 34-42-1 reads, "An employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, may not be held civilly liable for the disclosure or the consequences of providing the information." With the encouragement of the Utah chapters of the Society for Human Resource Management (SHRM), the Utah legislature passed this law in 1995 after years of conflicting demands on employers. The courts had found employers liable for the actions of their employees who had not been thoroughly screened and who committed crimes while on the job.

On the other hand, employers faced lawsuits from former employees, who resented any negative information being given to prospective employers, even if it was in good faith. The prospect of an expensive lawsuit and adverse publicity, albeit frivolous and without merit, served as a deterrent to giving out thorough evaluations, These court cases spawned many corporate policies tying the hands of its human resources and management staff in what they could say to prospective employers.

Recent incidents of workplace-related violence across the country have revealed how inadequate investigation of employees may affect business. The need for workplace security gives additional impetus to the need for thorough, honest performance and background information that employers can use to assure they are hiring "the right stuff" and protecting their interests.

In addition, research indicates a high statistical correlation between hiring the right people and future turnover of employees, whether voluntary or not. Where job applicants were thoroughly screened according to valid criteria, including past performance, the chance of retention was much higher. With the indisputably high cost of turnover to employers, we have another reason to thank the Utah legislature and SHRM for their 1995 law.

[no]

Betty Koehler

Human resources/people development consultant based in Salt lake City

The argument still rages about how much information an employer should reveal to outside sources about its present or past employees. If employers could assure that every evaluation or reference given on employees had no personal bias, was totally objective, and complete in every...