Updates from the Office of the Commissioner Representing Employers





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TBT September




Texas Employers,

Welcome to the September issue of "Texas Business Today!

"As students head back to school, we must find new, innovative ways to engage this future talent pool in career exploration and opportunities. Informing parents and students about all the pathways to obtain a career — certifications, two-year degrees, four-year degrees, internships, and apprenticeships — is critical. Ensuring that students have access to learn about all the different industries and the necessary credentials for high demand jobs is the key to their economic prosperity.

The Texas Workforce Commission (TWC) supports work-based learning through various programs and initiatives designed to connect education and training with real-world work experiences. These efforts aim to prepare individuals for the workforce and meet the needs of Texas employers. I encourage community leaders to continue their participation in conversations across the state to learn what is working best for our employers, and what we can do better to improve their interactions with our systems.

Commissioner Esparza Updated Email Signature
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Texas Business Minute
TBM September [ [link removed] ]
 

Click here to watch the video [ [link removed] ]

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Jikku John
Employment Verification and Job References

By: Jikku John

Legal Counselor to Commissioner Joe Esparza

Oftentimes, employers find themselves in situations where another employer or business is calling to ask questions about a former employee. This could lead the employer to think: What am I allowed to say? How much information am I allowed to give? Could there be consequences for the information that I divulge? This article seeks to provide insight into what is proper, and equally improper, to disclose in situations involving employment verifications and job references.

*_Be Careful Over the Phone

_*Today, the vast majority of employment verification and job reference requests take place over the phone. Generally, it is not a good idea to give job reference information over the phone if someone “cold calls” you. The reason being, you do not know who is calling, and more importantly, why they are calling. For instance, the call could be coming from an employer who is thinking about hiring a former employee, but just as easily, the call could be coming from another source like a private investigator, stalker, or an identity thief.

Unless the employer has absolute certainty about the identity of who is calling and for what purpose, it is best not to divulge the information. Even still, a good general practice is to respond to calls about employees with something like, “I’m sorry, but we do not release information about current or former employees over the phone. However, we will be glad to furnish any information that your applicant authorizes us in writing to release to you.” A sample release can be found here": "[link removed].



jobsearch

*_What About Consequences?

_*Although the employer may have strong feelings about a former employee who the employer feels may have wronged the company or who left the employer on bad terms, the employer must resist the temptation to badmouth the former employee. Employers can be held liable for defamation if they provide information “to injure a person’s character, fame, or reputation by false and malicious statements.” See: [link removed]". "Additionally, employers will need to expend money and resources to defend against these claims. As such, the employer should resist the urge to use inflammatory language if information is requested about a former employee. See":" [link removed].

*_Best Practices?

_*To avoid potential liability that could be tied to employment verification requests and job references, first, as mentioned above, it is not advisable to release information over the phone. Second, the employer should only provide truthful, non-inflammatory information to avoid a defamation lawsuit. Accordingly, the employer should stick only to facts. Third, only supply what is requested. Unless there is a compelling need to do so, try not to volunteer additional things that are not connected to the information requested by a prospective new employer. Finally, maintain good documentation. If someone calls with an employment verification or job reference request, make note of the person making the request, the entity they are associated with, their phone number, and the purpose for which the call was made. Good recordkeeping, in addition to being a good business practice, can also go a long way when dealing with issues involving employment verifications and job references.

*_Conclusion

_*For questions about this issue, or any other employment-related matters, employers can call our employer hotline at: 1-800-832-9394, or email us at: [email protected].



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Updated Texas Employer Hotline

Texas Business Today is provided to employers free of charge

Texas Business Today is a monthly update devoted to a variety of topics of interest to Texas employers. The views and analyses presented herein do not necessarily represent the policies or the endorsement of the Texas Workforce Commission. Articles containing legal analyses or opinions are intended only as a discussion and overview of the topics presented. Such articles are not intended to be comprehensive legal analyses of every aspect of the topics discussed. Due to the general nature of the discussions provided, this information may not apply in each and every fact situation and should not be acted upon without specific legal advice based on the facts in a particular case.

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Connect with the Office of the Commissioner Representing Employers

Email: [email protected]
Mail: Commissioner Representing Employers
101 E. 15th St., Rm 630
Austin, TX 78778








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This email was sent to [email protected] using GovDelivery Communications Cloud on behalf of: Texas Workforce Commission · 101 E 15th St, Rm 665 · Austin, TX 78778-0001 GovDelivery logo [ [link removed] ]



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