General Guidelines for Responding to Reference Check

A communication indicating whether you would rehire a current or former employee is protected from claims of libel or slander under California law.¹ In all cases, to avoid liability, make sure to communicate in a non-malicious way and only provide credible information.​

Follow these guidelines when developing reference check policies:

• Determine who in your company will respond to reference requests. Train supervisors to direct any reference requests to that individual.
• Be consistent when providing employee references. Your policy should name certain individuals within the company who are authorized to provide references. Managers and supervisors