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Date of next review: September 2016

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Need for Guidelines

Existing Guidelines

Guidelines for LTS Staff

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A.  Need for Guidelines

Providing references about former or current employees is a necessary and inevitable part of a supervisor's job. Supervisors need to have a clear understanding of what one can say so as to not put themselves or the university in legal jeopardy. The purpose of these guidelines is to assist staff in deciding what they can say when they are asked to comment about current or former employees who are being considered for other positions.

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B.  Existing Policies

The university policies that are relevant to the issue of reference checking are in the University's Human Resources Policy Manual. Policy 6.13.4 on Operating Practices stipulates what information can be made available that is contained in current or former employees' files: Public information such as name, confirmation of employment, position title, and dates of employment. Requests by Federal, State or local law enforcement agencies would be referred to Day Hall without exceptions. Policy 6.6.2 on Reference Checking outlines procedures for hiring supervisors to follow when doing reference checks.  

When a hiring supervisor does reference checks on prospective employees, he/she has to get their consent to talk to their references. In fact, the library and university human resources offices are quite clear on this point. The hiring supervisor may not talk to a current employer without the candidate's permission. This prohibition, however, only applies to candidates who are not Cornell employees. It is not necessary for Cornell employees who work in other departments because all Cornell departments or offices are seen legally as one employer. However, in most cases professional courtesy mandates that candidates should be informed before supervisors or colleagues in another department are contacted.

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C.  Guidelines for LTS Staff

From the above information, clear guidelines about what one would say to someone who calls for a reference check on an employee or former employee can be inferred. You should say nothing to the caller other than the name, employment status, title, and dates of employment unless you know for sure that the employee in question has authorized the check. How would you know that? Because the employee would have told you, preferably in writing, that it is ok. Or the caller showed you written evidence that it was ok.

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