From time to time employees of the University are asked to provide references for individuals seeking employment. Supervisors are often asked to provide references for their current or former employees. Faculty are routinely asked to provide references for their graduating students.

Faculty and staff have raised concerns regarding possible legal liability to those providing the references. One solution would be to refuse any comment about employees or students. Although this would eliminate the risk of liability, it may also reduce, if not eliminate, the future employability of those who have been employees or students of the University. The alternative solution of following certain common sense guidelines of procedure and content can minimize the risk of liability while providing fair references for our students and employees.

Any requests for information contained in a current or former employee's personnel file (i.e. dates of employment, reason for termination, salary, positions held, etc.) should be referred to the Human Resources Department. Request for student employee information should also be referred to the Human Resources Department. The Human Resources Department knows which information is releasable and is the only authorized source for that information. For information not contained in the personnel file (e.g. supervisor's opinion of the employee's ability), supervisors may wish to assist their employees by providing references.

Faculty and staff may also wish to assist students or former students by writing recommendations. The letter of recommendation has two advantages. First, it is given directly to the student at their request, allowing the student to control its release to third parties. Second, only one letter need be written for each candidate, rather than one to each potential employer. For information regarding appropriate guidelines and forms for writing recommendations, contact Student Employment and Career Services. Note: Students are encouraged to develop their own credential file with personal reference letters.

Procedural Guidelines

A common concern involves the appropriateness of providing a reference in particular instances. One should always be sure of the legitimacy of requests for references to ensure that references only reach bona fide potential employers. If the request is made in writing, only respond to the address printed on the letterhead and label both the envelope and letter as "Confidential." If the request is made by telephone, the caller's identity can be verified by returning the call (preferably to a number found in a directory rather than to that provided by the inquirer).

Another concern involves the permission of the student or employee about whom the reference is requested. Always be sure that the potential employer has been given permission by the subject of the reference to contact you. Handling this concern varies for students and employees.

Only provide references for those students who have asked in advance to use you as a reference. At the time they ask, require a written request that includes authorization for you to respond to individual written or verbal inquiries. Federal privacy law mandates such authorization by the student when information on student records is released.

In the case of employee references, it is recommended that the same procedure described above for students be followed. Only provide references for employees or former employees who have authorized you, in writing, to do so. If a request is received for information about an employee for whom you have not received authorization, simply refer the request to the Human Resources Department.

Employers who contact the University regarding the names of students who would be candidates for job opportunities should be referred first to Student Employment and Career Services . In lieu of offering individuals' names to an employer, a notice of the employer’s interest in receiving job candidate information should be posted within the department so that all eligible students may be made aware of the opportunity.

Content Guidelines

Two basic rules should govern the content of responses to requests for references--only answer appropriate questions and tell the truth. Tips to help stay within the rules include:

• limit your answers to the actual questions, do not volunteer additional information,
• do not refer to the employee's use of any grievance procedure, legal action, or exercise of a constitutional or other legal right,
• only answer questions that are job-related,
• avoid subjective information regarding the evaluation, discipline or dismissal of an employee,
• in cases where an individual is discharged for cause, do not disclose the reason for the dismissal,
• only speak or write about subjects about which you have first-hand knowledge,
• do not make generalizations about the subject of the reference, only speak or write about specific instances of behavior for which there is documentation,
• know how to locate all documentation,
• only say or write things that are factually accurate and true to the best of your knowledge,
• finally, even when one is responding to an appropriate question with documented truths, if the information is negative, it is always preferable to communicate orally rather than preserve it in a letter; use the telephone.