Comments on: Fired fraudster sues over reference check

By: Joe W

Joe W — Mon, 04 May 2009 17:15:27 +0000

Why didn’t the employee just change file a new W-4 to change his withholding ? Seems like the employee went to extreme measures, unless there is more to the story.

By: David

David — Mon, 16 Mar 2009 21:49:57 +0000

When we are asked about references and it involves an employee leaving on less than positive reasons I inform the caller that we recommend they ask the employee for copies of their previous reviews but then go on to only verify name, hire dates, pay and title.

By: Jim Rittgers, SPHR

Jim Rittgers, SPHR — Mon, 16 Mar 2009 19:07:43 +0000

If R.B. is “cautious” I’m ultra cautious. I don’t give out ANY information without a release (signed or verbal direct from the individual; former or current employee). This includes responding to the question “Does _____ work there?” Unless I know that the employee wants me to provide any information, I don’t. Those seemingly innocent calls asking to verify if someone is an employee can have less-than-innocent purposes. Employers expect their employees to guard their confidential information. I believe employees should receive the same consideration. I don’t feel it is appropriate for me to decide what is and isn’t an employee’s CI. Once a reference check release is obtained, I’m comfortable providing useful information; knowing that I’m protected by (WI) law that states I’m presumed to be acting in good faith and therefore immune from all civil liability unless a lack of good faith can be shown by clear and convincing evidence that I: 1) knowingly gave false information, 2) made the reference maliciously, 3) violated an employment law.

By: R. B.

R. B. — Mon, 16 Mar 2009 16:56:31 +0000

I always require the release up front before giving out this kind of information. All we give without a release is hire date, termination date and title. Cautious, I know, but it seems wise in today’s lawsuit-happy environment.

By: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update March 13, 2009

Fri, 13 Mar 2009 14:55:24 +0000

[...] Fired fraudster sues over reference check | HRRecruitingAlert.com … By Sam Narisi Employee Free Choice Act introduced to Congress · Documentation not enough: Mouthy manager lands company in court · Supervisor asked for evidence of harassment — alleged victim sues · Employees on FMLA claim they’re owed more paid sick … HRRecruitingAlert.com – http://www.hrrecruitingalert.com/ [...]

By: Fired fraudster sues over reference check

Fired fraudster sues over reference check — Thu, 12 Mar 2009 13:10:56 +0000

[...] Read the full blog here! [...]

By: Jason Morris

Jason Morris — Thu, 12 Mar 2009 13:07:48 +0000

Sam,

As always great post. We linked to it and wrote a similar story, check it out:

http://blog.employeescreen.com/2009/03/12/its-alwasy-ok-to-tell-the-truth/