Giving References

It's getting close to that time where I will once again be looking for work. That made me think about references, which I will, of course, be seeking out. I actually already know that the Director of Professional Development will give me an amazing reference- he told me so. That makes life a lot easier as a job seeker- it can sometimes be very difficult to line up references.

Even in very basic, entry-level jobs, (which are by and large the kinds of positions for which I have any experience checking references,) you often run into the HR equivalent of "rank, name and serial number," where the most information you can get about your candidate is a confirmation of employment, and that's it. Makes you wonder what the point of checking references is when you can't actually find anything out about your candidate. The funny thing is, some of these same companies that refuse to give references still ask for them.

I think, personally, that this policy of not giving out any information is really dumb, at least here in Canada. While I can't speak to the law in other jurisdictions, here in Canada, references fall under the category of "qualified privilege." This link discusses that concept, which essentially means that references, if provided in good faith (i.e. without malicious intent,) are privileged, and that therefore, the person providing the reference cannot be sued for slander. Basically, it means that the reasons for failing to provide any reference beyond confirmation of employment no longer exist. And really, without this legal protection, the whole concept of checking references should no longer exist, because if it gets to the point that nobody ever gives out any information at all, then why even bother wasting your time asking? The law encourages an honestly-given reference, and this is a good thing. Canadian law also encourages promptness in supplying references, particularly if a good reference is deserved; in a Supreme Court case, Wallace vs. United Grain Growers Ltd, the court awarded damages to the plaintiff, partly due to a failure on the part of his employer to provide him with a reference in a timely fashion. So failure to provide a reference can also leave you open to legal action. You may also be vulnerable to legal action if you are reluctant to give a poor reference (even if desierved) and another company suffers losses that might have been prevented by your reference.

Basically, at least here in Canada, there is never a good reason to fail to provide an honest reference for a former employee, whether it is positive or negative.

Just because a lot of companies do it, doesn't mean that's how it should be done.