Q: I got a call from an employer who is considering hiring one of my former employees. They want reference information. The thing is, the former employee did not end things well with me. She didn’t do her job well, and then eventually just abruptly left without notice. Should I share this with that employer? Do I say nothing at all? I’d love some advice on how I should handle this. 

A: Handling negative reference requests requires balancing legal protection for your organization with professional courtesy. Before providing any information, best practice is to obtain the applicant’s signed release from the prospective employer or directly from the former employee. A proper release waives liability and authorizes you to share employment details. (Bent Ericksen & Associates’ clients may use the Authorization to Give References form.) 

If no signed release exists, we recommend limiting your response strictly to standard, factual employment verification:

• Start and end date of employment
• Title of the position held
• Description of the job duties performed
  
  

Without a release, avoid discussing job performance, lack of notice, or departure circumstances. Here’s a sample response script:

• “Without a signed reference release form on file from the former employee, our company policy limits us to standard verification. I can confirm that [Employee Name] held the title of [Job Title] from [Start Date] to [End Date], where duties included [brief job description]. We cannot provide further details.”
  
  

With a signed release, you may answer the prospective employer’s questions, but stick strictly to documented, objective facts rather than subjective opinions or emotional characterizations. Here are a couple of examples:

• Impermissible: “The employee resigned without notice on [Date] because she was always flaky and unreliable.”
• Permissible: “The employee resigned without notice on [Date].”
• Impermissible: “She didn’t care about her job and just stopped showing up consistently.”
• Permissible: “Company records indicate three unexcused absences during her final month of employment.”
  
  

Another alternative is stating a simple “No” when asked “Is this individual eligible for rehire?” This communicates significant information without exposing your organization to potential problems. 

Ultimately, employers are generally under no legal obligation to provide detailed performance commentary. When in doubt, confirming basic employment details and declining further comment is the safest path.