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Guest post by: Jessica Ollenburg Become an Author

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Although this is a legal minefield, when employees know their bad or good acts won’t follow them, they become de-motivated on the job. An employer who wants the best of employees knows this and reinforces accountability through both seeking and providing employment references.

Especially now where we are providing incentive for employees to be terminated in order to collect COBRA subsidies they can’t get through resignation, we need to protect both our immediate workplaces and our ability to compete globally as a nation. If we take the approach “What happens in Vegas…” with our employees, there is too little motivation for them to give us their best.

So many employers have a “right to privacy” extend to employment references, even when laws clearly protect the employer when information is factual, non-subjective, and used in no discriminatory or otherwise unlawful manner. It is essential to work with legal counsel and/or expert third party background investigators to make the most of this initiative. Employers need to train managers at all level in legal compliance and rely upon HR as a gateway. Failure to do so can result in legal consequences. When seeking references, professional third parties can be far more effective, as the employer can trust information will be used within full legal compliance. Sure, there are questions you shouldn’t ask, but the information gained by asking the questions you can is so valuable, it’s irresponsible not to.

Until the over-used, and quite frankly abused, right to privacy acts among employers, employees worked with the incentive to avoid “burning bridges” and leave “on good terms” with hopefully a recommendation. We’ve de-motivated our workforce by the wrongful thinking that references shouldn’t be given or sought. While providing a written letter of recommendation is ill-advised for many legal and practical reasons, a legally compliant initiative of verbal communication is highly advised. Leading a successful company offering reference checking partnership, I guarantee the effort is fruitful.

Contact your attorney or expert third party provider to ensure your employees are worth your employment offer and accountable while in your employ!

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