INTERNAL

University employees often apply for and are considered for different positions within the University. Providing references to other departments will enhance efficient and effective hiring of qualified employees and will help achieve good matches between an applicant's skills and the department's needs. In general, the same considerations that apply to providing references to other employees apply in situations of providing references to other University departments. The only difference is that there need not be a written authorization by the employee for the reference check. One federal district court case has held that intra-corporate communications regarding an employee cannot be defamatory because the information is not "published" if it is kept within the bounds of the employer. Nonetheless, the same care should be shown and information should be limited to a description of the employee's prior position and performance. Full and complete information regarding an employee's performance will ensure efficient and effective hiring and good matches between the employee's skills and the job requirements.

There are several reasons for responding to requests for references for former employees, including establishing a relationship with other employers such that they will reciprocate in providing references and, when references are favorable, helping former employees find employment.

In providing references, employers must be careful to avoid situations in which the former employee may raise and successfully establish a claim of defamation. In order to prove defamation based on an employment reference, a former employee generally must prove that the former employer negligently communicated a false statement to a third party that tended to harm the former employee's reputation. Most courts recognize a "qualified privilege" to provide references about a former employee, so the former employee must additionally show that the former employer "abused" the qualified privilege in order to establish defamation. Such abuse can be shown by "excessive publication," which occurs when an employer communicates the statement to persons who have no legitimate need to know or when an employer deliberately lies or recklessly disregards the truth in providing the information. In generally, if the former employer limits its answers to questions that are job related and does not offer opinions regarding personal characteristics of the employee, there will be no basis for a defamation action.

Procedure

1. Verify the reference checker's identity before giving out information. This often may be accomplished by calling the individual back at his or her place of business.

2. Ask whether, and document in notes that, the former employee has given permission for the reference check. If no permission has been given, limit your information to verifying the dates of employment, the title of the position, and the salary.

3. In cases in which the former employee was terminated or laid off, consult with:

For Managerial and Professional Employees:

• Director of Human Resources, University Library

For Clerical and Technical Employees:

• Director of Human Resources, University Library
• Human Resources Representative