HR Management & Compliance

Name, Rank, Serial Number … and How Much Else?


Yesterday’s Advisor offered tips about giving references. Today’s we look at tips for handling other types of requests, such as subpoenas and financial data, again courtesy of BLR’s SmartPolicies program.


Telephone Requests


What should supervisors do if they receive a telephone call requesting information on an existing or former employee? Policies should address what the recipient of the call should do. For example:



  • Refer the call to HR.
  • Request the identity of the caller
  • Ask why the information is being sought
  • Take the name and telephone number of the caller so that the information provided by the caller can be confirmed as accurate.
  • Ask for a written request from the person seeking the reference.
  • Contact the employee before giving out information.
  • Request written authorization from the employee.
  • Provide the information in writing.
  • Confirm the dates of employment and positions held.

Other Types of Reference Request


Requests concerning currently employed individuals. It is customary not to answer a request for information on a current employee without the individual’s consent.


The amount of information given may vary depending upon the identity of the requester. For example, if an employee is seeking to qualify for a home improvement loan, an employer may want to be more cooperative than if it is a former employer trying to locate the employee.
 
Termination letters. If your state requires you to provide employees with a letter detailing the reasons for the employee’s termination, the policy should address how to prepare the letter. Consider obtaining legal advice before responding to a written request.


Financial information. When an employee applies for credit, such as for purchasing a home or a car, you may be asked to complete a reference report.  Your natural inclination will be to aid the employee. However, your policy should establish guidelines so that you do not inadvertently create an employment contract with the employee by your responses to the inquiry.  Furthermore, you should also obtain the employee’s written consent to respond.


Subpoenas. Generally, you should first direct a subpoena to your legal department or outside counsel for confirmation that it is valid. Once its validity is determined, you should respond within the appropriate time period. You should also advise the employee of the existence of the subpoena to give the employee the opportunity to oppose it.


The Need for Consistency


No matter how you decide to handle reference requests, make sure that your policy is aimed at consistent treatment of all employees. (This is one reason why so many companies simply have the personnel/human resources department handle all reference requests.)


Supervisors’ Special Role


Most reference requests are addressed to the current or former employee’s immediate supervisor. Therefore, your policy should be addressed to supervisors and should leave no room for guesswork about how information requests should be handled. Finally, be sure to include this topic in supervisory training.




Is your references policy up to date? Or do you even have one? If not, don’t fret. We do, and it’s already written and ready to use, along with most every other policy you’re likely to need, in BLR’s popular SmartPolicies. Examine it at no cost and with no obligation. Find out more.


Unfortunately, your references policy isn’t the only one to worry about—the list of new policy requirements seems endless (recent major changes in FMLA, ADA, military leave, and accommodation rules, for example). But you can’t backburner work on your policies—they’re your only hope for consistent management that avoids lawsuits.


You need policies that are carefully crafted, legally reviewed, and regularly updated. But it’s no small task to write and update the dozens of policies that any organization requires.


Our editors have a suggestion that will help you do it, with a minimum of cost and effort.




Why write your own policies when we’ve already done it for you … at less than $1 each! Inspect BLR’s SmartPolicies at no cost or risk. Get the details.


It’s a remarkable program called SmartPolicies. Its expert authors have already worked through the critical issues on some 100 critical policy topics, prewritten the policies for you, and tested them at thousands of companies over time.


In all, SmartPolicies contains some 350 policies, arranged alphabetically from Absenteeism and Blogging to Cell Phone Safety, Voicemail, and Workers’ Compensation. What’s more, the CD format makes these policies easily customized. Just add your company specifics or use as is.


Just as important, as regulations and court decisions clarify your responsibilities on workplace issues, the policies are updated or new ones added as needed every quarter, as a standard part of the program.


SmartPolicies is available to HR Daily Advisor subscribers on a 30-day evaluation basis at no cost or risk … even for return postage. If you’d like to have a look at it, go here and we’ll be happy to arrange it.


 


Other Recent Articles on HR Policies and Procedures
‘Victory’ in Court Is Always a Little Bitter
The 10 Questions You Must Ask Before Firing
Effective Wellness Means Branding, Integration
Corporate Wellness—Real World ROI of 4 Plus 5



Leave a Reply

Your email address will not be published. Required fields are marked *