Comments about former employees are better left unsaid
You get a call about a former employee who was fired from your company. The potential new employer, unaware of the employeeÂ’s past, is calling to verify the personÂ’s employment. Do you also offer information about the former employerÂ’s terrible work ethic? If you do, you might be accused of defamation and possibly sued. MedZilla explores how employers can respond to questions about former employees, while avoiding defamation lawsuits.
(PRWEB) December 12, 2003
For Immediate Release
Comments about former employees are better left unsaid
Marysville, WA - December 12, 2003-- In the old sitcom HoganÂ’s Heroes, Sgt. Schultz was known for claiming to see nothing, even though things were happening before his eyes. SchultzÂ’s approach, it turns out, is the recommended party line for employers who want to avoid defamation lawsuits. Other than to confirm a few basic employment facts, experts advise employers to say nothing "good or bad" about a former employeeÂ’s job performance or personality.
"It might be tempting to throw in a comment about the employeeÂ’s personality or poor performance, but these things are better left unsaid in this day and age," says Frank Heasley, president and CEO of MedZilla. com, a leading Internet recruitment and professional community that serves biotechnology, pharmaceuticals, healthcare and science.
Defamation: the nuts and bolts
Defamation can occur during the job hiring process or in the workplace. Defamation of character can be either written (including via e-mail), in which case it would be libel, or verbal, in which case it can be slander. ItÂ’s a false statement of fact "in other words, an opinion that injures the individual subject of the statement because it disparages his or her character, says Patricia S. Eyres, president of Litigation Management and Training Services, a consulting service for managing within legal limits.
Avoiding lawsuits
According to Miami, Fla.-based employment lawyer April L. Boyer, of Kirkpatrick & Lockhart LLP, most legal issues with defamation arise when employers give out too much information or false information about former employees. As a result, she says, todayÂ’s prudent employers implement a policy whereby they might only confirm dates of employment, salary and positions held. They refrain from personal statements about former employees and their work ethics.
Employers that are inclined to provide recommendations need to ensure that they keep to the absolute truth, and, even then, they can find themselves embroiled in a lawsuit. A classic example would be if an employer terminates an employee for embezzlement and tells a potential future employer why the employee was fired.
"While you might be able to substantiate the allegations of embezzlement, the more prudent course would be to say that is your companyÂ’s policy not to comment on employees and just confirm the basics," Boyer says. "The truth is an absolute defense to defamation; however, there is a difference between exposing yourself to liability and exposing yourself to risk. You canÂ’t commit defamation by telling the truth; however, that doesnÂ’t mean you donÂ’t expose yourself to getting sued and being forced to defend a baseless lawsuit, which will result in unnecessary cost to the employer."
One option for the employer is to ask all employees to sign a release allowing the employer to provide more than statistical information for the job recommendation. A savvy HR person might be clued in when a former employer says company policy is only to release information when the employee gives it permission to do so. The fact that an employee refuses to have information released might send a red flag to a future employer to do more investigating.
Draft a policy, stick to it and consider a background check
Because their hands are tied when it comes to asking about candidatesÂ’ previous work performance, more employers emphasize other informational-gathering tools, including the application and background verification. Employers can ask on the application if an employee has been fired from a previous job and then follow up with an investigation, says Robert C. Kneip, President and CEO of The Oasis Group, a professional employer organization and temporary staffing company, in Palm Beach Gardens, Fla. "You can terminate someone if they lie on an application."
Still, he says, the decision to do a background check should be made on cost-benefit basis. All employers, however, should have policies addressing defamation and how to respond to job verifications. Many employers who are extremely familiar with well-publicized topics, including hostile work environments and gender discrimination, might not be so focused on defamation -- especially the potential for it when revealing information about former employees. ItÂ’s important that all employers who receive employment verification calls know how to handle them, he says, and understand the consequences of releasing too much information.
"The policy to remain tight-lipped about former employees is fair in the long run," Dr. Heasley says. "For example, there might be a manager who is bitter about an employeeÂ’s departure. With a strict company policy forbidding the release of any information other than the basics, the manager would be less likely to try and sabotage the former employeeÂ’s chances of landing a job. In that case and others, the policy protects the employer and job candidate. And the new employer is generally protected, too. Anyway, there are other, more effective ways in which the new employer can find out about a job candidateÂ’s past."
About MedZilla. com
Established in mid 1994, MedZilla is the original web site to serve career and hiring needs for professionals and employers in biotechnology, pharmaceuticals, medicine, science and healthcare. MedZilla databases contain about 10,000 open positions, 11,000 resumes from candidates actively seeking new positions and 38,000 archived resumes. These resources have been characterized as the largest, most comprehensive databases of their kind on the web in the industries served.
Medzilla® is a Registered Trademark owned by Medzilla Inc. Copyright ©2003, MedZilla, Inc. Permission is granted to reproduce and distribute this text in its entirety, and if electronically, with a link to the URL www. medzilla. com. For permission to quote from or reproduce any portion of this message, please contact Michele Groutage, Director of Marketing and Development, MedZilla, Inc. Email: mgroutage@medzilla. com.
Press Inquiries:
Contact: Michele Groutage
Company: MedZilla, Inc.
Title: Director of Marketing & Development
Phone: 360-657-5681
Email: mgroutage@medzilla. com
URL: http://www. medzilla. com (http://www. medzilla. com)
