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Obtaining & giving a reference


OBTAINING A REFERENCE

In obtaining references, it is advisable for a company to get a cross-section of both personal and business references in order to co-ordinate and analyze the consistency of responses. Certain steps can be taken in dealing with a job reference to maximize the likelihood that the reference will be forthcoming and, hopefully, candid. Steps which may be adopted by the employer seeking a reference for a job candidate include the following:

  1. Assure the party from whom you are seeking a reference that the reference will be maintained in confidence.
  2. As a preliminary matter, ask if the company has a policy with respect to providing employment references. If the company does have a policy and, for example, it restricts providing of information to "name, rank and serial number", you will be less likely to read negative information between the lines. On the other hand, if the company has no such restrictive policy but then limits the information provided, it may be more reasonable to read negative implications into the reference.
  3. Ask or determine if the company engaged in written performance evaluations. If they did, attempt to obtain copies of the most recent written job evaluation. Alternatively, if you have the knowledge that such evaluations were carried out, determine whether copies would have been provided to the job candidate and, if so, seek such information directly from the candidate.
  4. Confirm positions held with the former employer and the length of time for which they were held.
  5. Confirm salary increases. Attempt to determine and distinguish between cost of living increases and merit increases.
  6. Attempt to determine whether discretionary bonuses were awarded to the candidate. Also attempt to obtain the criteria upon which such awards were based.
  7. Avoid making inquiries related to prohibited grounds of discrimination. It would be unwise, for example, to ask for a clergyman as a reference as this implies a religious overtone and could be viewed in a discriminatory sense.
  8. Request the reason for departure.
  9. Attempt to determine how the candidate got along with peers, subordinates and supervisors.
  10. Confirm or determine what responsibilities the candidate fulfilled in his or her job position and the manner in which those responsibilities were performed.
  11. Seek input or opinion as to how the candidate would likely fair in the position sought from your organization.

GIVING A REFERENCE

When called upon to give a job reference, there are correspondingly certain steps which companies can take to improve the process of providing references and limit vulnerability. These steps include the following:

  1. Centralize the process. This will be particularly important if you are alleging cause for termination of the individual or if there is some question with respect to the individual's performance or character.
  2. Determine the authenticity of the request. Either offer to return the call to ensure that you are dealing with a bona fide organization or ask for the request in writing.
  3. Be prepared. Ensure that you are not providing information "from the hip", but rather obtain the personnel file of the individual, be prepared and ensure the authenticity of the request.
  4. Record the request made and the nature of the response.
  5. Avoid subjective comment, analysis, opinion, prediction regarding future success and recommending individuals for specific positions.
  6. Remember it is not necessary to limit information to "name, rank and serial number". There are many positive implications for your organization in providing a positive and appropriate reference, as noted above.
While courts are generally reluctant to involve themselves with ordering employment references, there are exceptions to that rule. In one decision under the Canada Labour Code, an adjudicator appointed to determine whether or not the complainant's employment had been unjustly dismissed, ordered in part that the former employer, if contacted by any person or company inquiring about the complainant's employment with it, was required to answer "exclusively" by sending or delivering a copy of a letter of recommendation dictated by the adjudicator. This, of course, was a very unusual order made by the tribunal and reflects a circumstance which does not typically interfere with an employer's ability to give or refrain from giving references. A recent court decision,' however, held that an employer's failure to provide a positive reference, particularly when one was promised on termination, in circumstances of known depressed economic conditions should increase the notice period to which the terminated individual was otherwise entitled by one-third. This is a case for employers to bear in mind when seeking or giving references on employment.
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