What can you say when you get called for a "Reference Check"?
If you’ve ever been contacted for a reference check about a former employee, you might have found yourself wondering: “What am I allowed to say?” Here are a few tips to keep your business safe when responding to those calls:
- Confirm basic facts: It’s safe to confirm your former employee’s job title, dates of employment, and their last rate of pay. This is often called a "Neutral Reference."
- Be honest—but objective: If asked about performance, you can share your honest, work-related observations—but avoid personal opinions or emotional language. Utah's "Employer Reference Immunity" law gives you protection from civil liability if you share information "in good faith" about an employee's job performance, professional conduct, or give an honest evaluation about them. The primary way business owners could face possible liability for responding to a reference check is if the employee can prove that the information shared was done with "actual malice or with intent to mislead."
If you have any questions about how to handle references, give our team a call and we'll be happy to answer guide you through the process!
