Post by Site Admin on Sept 13, 2005 5:52:57 GMT -5
Employers fear reference backlash
Publication Northwest Herald
Date July 17, 2005
Section(s) Main
Page
By MIKE RIOPELL
mriopell@nwherald.com
Employers are hesitant to provide negative references because workers might sue if they think that they deserve better.
"I think employers ought to be extremely cautious in what kind of information they provide," said Dennis Favaro, an employment attorney with a Lakewood office.
But that absence of communication could result in a company, municipality or police department hiring someone with a undesirable work history.
Marengo hired Scott Crawford as a police officer without knowing about a civil lawsuit against him in Waukegan.
Marengo officials blame the breakdown on the Waukegan Police Department, which did not disclose that Crawford was sued over alleged misconduct. The lawsuit was settled for $30,000.
Crawford, 26, worked about two years for Waukegan before he quit and was hired by Marengo in 2003. Marengo police officials have asked the police commission to dismiss him, in part for withholding information on his application.
James Wales, Lake in the Hills director of public safety, said a law-enforcement agency could do a thorough background check and limit the possibility of a lawsuit by signing a waiver.
That signature gives a department the green light to probe an employee's past record. Permission should help prevent a lawsuit, Wales said.
The waiver allows the department to inspect the applicant's personnel file, talk to neighbors, and check credit references without a threat of a lawsuit.
Wales said that without a waiver, Lake in the Hills would confirm only dates of employment. With a waiver, he said, the department would provide more information.
Huntley police also have waivers, and departments typically ask about past discipline or criminal charges, acting Police Chief John Ciombor said.
People could lie on the application, but intense background checks, including psychological testing, should catch any dishonesty, Ciombor said.
"Then they don't get the job," he said.
Not all agencies have systems in place to avoid lawsuits, though, so the fear can linger in both the private and public sectors.
"References may become a little more bland because of that," said Anders Lindall, spokesman for the American Federation of State, County and Municipal Employees.
Crystal Lake lawyer Erick Bohlman said gossip about an employee could lead to a defamation lawsuit. But employers can dodge litigation as long as they speak truthfully about what happens at work.
"Courts don't want to inhibit employers from talking to each other about a potential employee," said Bohlman, who has worked on libel lawsuits.
And the law also should protect all true information, Favaro said.
"There's no liability for providing truthful information," he said. "There's a presumption of good faith."
But a lawsuit still could be imminent. Defining what is official business and true can be tricky.
"The only way to find out the answer to that is a lawsuit," Bohlman said. "There's a lot of gray area there."
Publication Northwest Herald
Date July 17, 2005
Section(s) Main
Page
By MIKE RIOPELL
mriopell@nwherald.com
Employers are hesitant to provide negative references because workers might sue if they think that they deserve better.
"I think employers ought to be extremely cautious in what kind of information they provide," said Dennis Favaro, an employment attorney with a Lakewood office.
But that absence of communication could result in a company, municipality or police department hiring someone with a undesirable work history.
Marengo hired Scott Crawford as a police officer without knowing about a civil lawsuit against him in Waukegan.
Marengo officials blame the breakdown on the Waukegan Police Department, which did not disclose that Crawford was sued over alleged misconduct. The lawsuit was settled for $30,000.
Crawford, 26, worked about two years for Waukegan before he quit and was hired by Marengo in 2003. Marengo police officials have asked the police commission to dismiss him, in part for withholding information on his application.
James Wales, Lake in the Hills director of public safety, said a law-enforcement agency could do a thorough background check and limit the possibility of a lawsuit by signing a waiver.
That signature gives a department the green light to probe an employee's past record. Permission should help prevent a lawsuit, Wales said.
The waiver allows the department to inspect the applicant's personnel file, talk to neighbors, and check credit references without a threat of a lawsuit.
Wales said that without a waiver, Lake in the Hills would confirm only dates of employment. With a waiver, he said, the department would provide more information.
Huntley police also have waivers, and departments typically ask about past discipline or criminal charges, acting Police Chief John Ciombor said.
People could lie on the application, but intense background checks, including psychological testing, should catch any dishonesty, Ciombor said.
"Then they don't get the job," he said.
Not all agencies have systems in place to avoid lawsuits, though, so the fear can linger in both the private and public sectors.
"References may become a little more bland because of that," said Anders Lindall, spokesman for the American Federation of State, County and Municipal Employees.
Crystal Lake lawyer Erick Bohlman said gossip about an employee could lead to a defamation lawsuit. But employers can dodge litigation as long as they speak truthfully about what happens at work.
"Courts don't want to inhibit employers from talking to each other about a potential employee," said Bohlman, who has worked on libel lawsuits.
And the law also should protect all true information, Favaro said.
"There's no liability for providing truthful information," he said. "There's a presumption of good faith."
But a lawsuit still could be imminent. Defining what is official business and true can be tricky.
"The only way to find out the answer to that is a lawsuit," Bohlman said. "There's a lot of gray area there."