Issue 3 - 3rd Quarter 1997                                              

Helpful Hint

In reviewing an employment application, it is very important that gaps in employment be explained in detail by the applicant. Employment gaps can be indicators for concealed information, i.e., previous performance issues, incarceration, etc. It is important to study applications carefully to prevent applicants from omitting information. When gaps exist, ask for details so that any new information provided can be confirmed during your pre-employment screening process.

The Hall of Shame inductee for this issue is one that could put a company, and its employees, at risk--an employee with violent tendencies. For the purposes of this article, we'll simply refer to our inductee as "Butch."

According to the Personnel Administrator at his former employer, Butch had significant attendance and temper problems. It was also noted that Butch had been discharged for poor attendance and insubordination. Following his discharge, Butch made several menacing threats against his supervisor and abruptly departed the building. Later that day, the supervisor's car was found to be damaged in the company parking lot. Two days later, Butch reportedly went to the supervisor's home and broke into the trunk of his car. Apparently, the neighbors chased him off and the police were summoned. By the time the police report was filed and an arrest warrant issued, Butch had left the state.

Upon learning that Butch was applying with our client, the Personnel Administrator warned Butch's former supervisor that Butch had returned to the area. He also expressed his intent to notify the police so that the outstanding arrest warrant could be activated.

Three cheers to the Personnel Administrator for considering the safety of others and for providing information that hiring employers need to know. Now, that's what reference-checking is all about! 

...that all court records--criminal and civil--are searched by name, not by social security number? When a given name is found in a court record, an alternative method of identification (SSN, DOB, etc.) is needed to positively identify that individual. The only method for locating a court record on any individual is by the individual's name.

Employment Referencing & The Law

Good news in the world of reference-checking: employment laws are finally emerging to protect employers in slander-related lawsuits. Until recently, many companies had maintained a closed-mouth approach to providing employment references, hindering an overwhelming number of employers from obtaining necessary information for hiring decisions.

As a result, less-informed hiring decisions created a new dilemma--workplace violence and an onslaught of negligent hiring lawsuits. As well, employers who unknowingly hired potentially dangerous job candidates began to file negligent referencing lawsuits for non-disclosure against former employers.

Given the potential legal ramifications, employers were caught in a "catch 22" situation--they were unwilling to provide information on former employees, yet they needed information on prospective employees. A simple lack of communication between companies resulted in a lose-lose situation for everyone.

Recognizing the legal dilemma that employers encounter, many states are now passing laws to protect employers from lawsuits filed by former employees. While these laws are designed for legal protection, they also are designed to initiate the free exchange of reference information between employers, unless:

1) knowingly false information is disclosed with the intention of misleading a prospective employer in "bad faith" or "with malicious intent;" or

2) disclosed information constitutes unlawful discrimination against the individual's protected class status (such as race, color, religion, sex, national origin, handicap, age or ancestry).

As long as a former employer is factual and provides documented information in good faith, these new laws make it more difficult for disgruntled employees to prevail in court.

Now more than ever, employers have the opportunity to obtain and explore detailed information regarding prospective employees and provide detailed references on former employees without fear of reprisal. This open exchange of information can only lead to a better work force for ALL employers and employees.