What can you tell us about this person? “The only things we can verify are position and employment dates”.
Would you rehire this person? “No comments”
Why are we so reluctant to offer any additional information?
Of course, “DEFAMATION”!
But defamation is when we say something (slander) or we write (libel) something that is not true about an individual and by doing so, we hurt this person professionally and financially. So if we are saying or writing something that is a fact, that is the truth then it is not defamation.
Have you heard about “Negligent Referral”?
It is the failure of a former employer to disclose information about a former employee that leads to the injury of an innocent third party.
For example, you terminate an employee for engaging in workplace violence and you don’t explain why the individual was terminated when you receive a call from a employer who is considering hiring this person, you could be liable of “Negligent Referral”.
To avoid a negligent referral claim only provide truthful information that is job related and consider obtaining signed releases from employees who leave your organization.
Honesty is the best policy!