While such a situation may seem nonsensical, in today's litigious society, staying tight-lipped can sometimes be the best course of action. However, mum's the word isn't the best mindset for the quality of your workforce and the nation's workforce in general. Here are a few suggestions for how to be candid without being sued.

1. Keep it brief. Since there is a risk of losing qualified privilege, shorter references are better.
2. Don't stray far from standard policy. If your organization only provides written references, stick with that policy. If references always include certain facts, such as date of hire and title, include that information along with the additional reference information.
3. When possible, limit statements to documented facts. If, for example, an employee was terminated for excessive unexcused absences, explain how many absences the employee had in a given period. Stick with statements that can be easily verified if challenged.
4. Avoid conclusions. When possible, use noncommittal terms rather than definitive statements. There is less risk in saying "there may have been a violation of workplace policies" rather directly stating that an employee stole from the company.
5. Always consider whether the statement could be considered retaliatory. If the employee has filed a discrimination lawsuit, or has threatened to do so, handle reference requests with special care. In these situations, it is advisable to consult with your legal counsel before providing a reference.

For more information about our Verifications services, please visit http://www.infomart-usa.com/services/ or speak with your Customer Service Representative.

(Source:http://www.workforce.com)

*This article is for informational purposes only, and is not meant to be construed as legal advice.