What are the most common pitfalls?
The two primary pitfalls to avoid are (a) providing information to anyone not considered a “person with an interest” (California statute), and (b) providing positive information without disclosing significant negative information (California case law). A “person with an interest” is defined as someone who is in good faith considering hiring your employee, or is from a licensing agency. You should never give out information if you have reason to believe that the person is not who they say they are or if they are merely curious about an employee. Recent California case law has held employers liable for providing positive feedback to a future employer,Read More →