What is the most prudent and effective policy on providing references to employers/potential employers of former and present UT Austin employees who are seeking employment outside of the University, or are seeking a promotion/transfer within the University?

Providing information on former employees presents an exposure to litigation

Legal cases have held former employers liable
Many employers are providing only minimal references because of the liability
Our decentralized nature makes it difficult to ensure improper information is not divulged
No policy exists

References are used by UT managers in candidate selection
Guidance is somewhat contradictory–exposure to defamation vs. negligent hiring.

After some benchmarking, research and legal consultation, we have developed some guidelines for managers and others who may be asked for information:

For Inquiries from Outside of UT Austin

If an outside employer asks you for reference information, you should respond that Human Resource Services (HRS) provides that information. Have them call HRS Employee Records at 471-5127. They will provide period of employment, title and last salary if requested.

If you have a deserving employee who is leaving, you may wish to negotiate a recommendation–we are protected by open records laws to some extent. However, be cautious, get a release from the employee and keep your scope limited to job-related information, which has been documented. Do not, in any case, provide a negative input on an employee to an external source. In those cases, refer the inquiry to HRS.

For Inquiries from Within UT Austin

We should provide accurate information, which will aid in hiring decisions. Performance reviews may be provided. Negative behavior or performance information, that is documented, may also be provided. In all cases, it should be job related and relatively current in timeframe.

Important Reminder on Reference Checks

In order to avoid liability for defamation, the procedures for handling reference check inquiries must be strictly adhered to. All reference check inquiries on current and past employees that originate from external entities are to be referred directly to HRS Employee Records at 471-5127.

Requesting References

If you are looking at an external candidate, you should encourage them to provide you with names of references that can provide meaningful, job-related data. You might suggest that they provide former employers with a release to facilitate the information sharing.

Checking References for Regular Non-Academic Positions

The purpose of checking references is to verify the individual's work and performance history in order to select the best-qualified applicant for the job. It is best practice to contact at least two previous employers for each finalist.
Checking references can result in making a good hiring choice, since the information gathered in a job-related reference check can factor into the hiring decision. Failure to check references can result in poor hiring choices which is costly in time, energy, and money.
Check references before making a job offer.
Check references after the interview process so that you may objectively evaluate the applicant's qualifications and information gained during the interview.

Preparing for the Reference Check

Be consistent.
If references were checked for some applicants, do not hire another applicant without checking their references.
Develop a set of behavior based reference check questions from the interview questions used for each applicant interviewed.
Ask the same question in each reference check.
Weigh information in the same manner for all applicants: what disqualifies one should be the basis for disqualifying any other.
Consider the source. Remember that information is limited by the perception of the person giving it. If negative information is received about an applicant, weigh it with information from other references before making a hiring decision.
Never allow the individual to give you "confidential" or "off-the-record" information.

Conducting the Reference Check

State the purpose of the call.
Briefly describe the position for which the applicant has applied.
Confirm the relationship between the person giving the reference and the applicant.
Verify basic data such as job title, functions, salary and dates of employment.
Ask job-related questions about the applicant's knowledge, skills and abilities as they relate to the vacant position.
Ask questions that are designed to bring out the supervisor's observations of the applicant's work behaviors.
Document in writing the questions and the answers.

For questions, contact your Staffing Consultant at Recruiting and Staffing Services.

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