Tools for Business - Greater Springfield Chamber of Commerce

Giving References: Don't get Sued!

You have fired an employee and think you're done with him/her. Not so fast. The employee will be looking for a new job and may ask a prospective employer to contact you. What do you say?

First, you need to check your state laws for information you are allowed to give. Information below is for your state. Click on the resource for state laws below for other states.

Illinois

Information that may be disclosed:

job performance Who may request or receive information:
prospective employer Employer immune from liability:
Information is truthful. Employer immune from liability unless:
information is knowingly false or in violation of a civil right.

Indiana

Information that may be disclosed:

reasons for termination or separation
length of employment, pay level, and history
job description and duties Who may request or receive information:

former or current employee (must be in writing)

Prospective employer must provide copy of any written communications from current or former employers that may affect hiring decision.
Prospective employee must make request in writing within 30 days of applying for employment.

Information was known to be false.

Must have written request from employee.
Must state nature and length of employment and reason, if any, for separation.
Employers that don't require written recommendations do not have to provide them.

Do Not Say:	Instead, Say:
He performed poorly.	He achieved the company quota 30 percent of the time. The company average is 92 percent.
She is not a team player.	On 12 occasions, she was asked to perform an extra task to fill an unexpected need. She refused each time.
He is violent and disrespectful.	He punched a supervisor in the nose.
She is not dedicated.	She worked one hour of overtime in two years.
He came to work drunk.	He arrived at work smelling of alcohol 10 times, and he fell asleep at his desk each time.
She was a drug addict.	She tested positive for cocaine on two occasions

Source:Avoiding Lawsuits when Giving References