In our last post I discussed the importance of spelling out reference details in your separation agreement.
So, what should the legal agreement with your former company say about its obligations to provide references to potential employers? (Need specific legal advice and direction here? Allison & Taylor can arrange for an attorney to write a custom clause for your particular situation.)
Here are some tips on what a former employer should NOT be allowed to do or say when asked for reference information:
1. Make a reference to legal action. “Hold on a moment, let me get the legal file to see what I am allowed to say.” There should be NO reference whatsoever that the former employee may have sued – new companies do not want to hire someone who sues former employers.
2. Nothing at all. They MUST return a reference call. After all, what does it say when a former company, boss or the HR department does not return a reference call? It’s a very strong hint to a potential employer that there were issues or problems with the employee.
3. Have a bad attitude, or any other type of inflection when interviewed. No negative sound bites. (See some of the unbelievable things former employers have said here.)
4. Offer any other opinions whatsoever. When providing a reference, they need to stick to the facts.
5. Offer any type of personal conversations within the industry. “Off-the-record” conversations which malign a former employee must be taboo as it can be considered “blackballing.”
Here are some tips on what employers/reference providers SHOULD be saying and doing per a legal agreement.
1. They should, in a polite and friendly way, verify title, dates of employment and salary for prospective employer. This verifies the information that is required on most employment applications.
2. They should courteously decline to provide any additional information. When asked other questions, they need to politely say, “Our corporate policy does not allow me to give any additional information.”
Taking the time to clarify these reference requirements in your separation package may make a huge difference in your ability to get a job in the future. Also, don’t just assume that the company reference policy will be followed; in many cases, it is not. And a legal agreement on reference conduct can mean the difference between a lukewarm or negative reference, and one that is positive and professional.
For more information about Allison and Taylor, Inc.’s professional reference checking services click here.