December 31, 2009

By Adam W. Childers

Part of the instructions imparted to American soldiers is compliance with the Code of Conduct.  The Code of Conduct outlines various rules for civility between soldiers during times of war as mandated by the rules of the Geneva Convention.  One of its most basic rules is that anyone who is captured, on either side, is obliged to give name, rank and serial number, but nothing else.

I bring this up because I am often asked by employers what they should say to other employers who inquire about past employees as they evaluate whether to offer them employment.  Many times the employer being posed such a question wants to exclaim, "Don't hire him, he is a bad apple!"  Or the employer might want to respond, "Be sure to give her a job, I think she is the best."  However, I always recommend that the best response is name, rank and serial number.  In other words, dates of employment, last position held and last salary rate earned. 

The reason I recommend such a paltry and military style response is that providing additional information can sometimes come back to haunt an employer.  For instance, a favorable recommendation could be used as evidence that it was discrimination rather than performance that brought on an employee's dismissal.  Or, an unfavorable recommendation could lead to a claim of being "black-balled" in an industry with false information disseminated by the former employer. 

This issue has become even more timely with the increasing use of the professional networking site "LinkedIn."  A recent poll from Jump Start Social Media found that 75 percent of hiring manager are using LinkedIn to research candidates.  This networking platform is largely dependent upon recommendations being written by supervisors, colleagues and other professional acquaintances which then serve as proof of an individual's professionalism and ability in their vocation. 

Employers would be wise to urge their supervisors and human resources professionals to adopt the "name, rank and serial number" approach to recommendations for current or recent employees on LinkedIn.  To do otherwise might make what on its surface feels like an innocuous and honest statement of praise, or even constructive criticism that places an employee in a negative light, fodder for litigation. 

The bottom line is that discretion is sometimes the better part of valor not only in war but the modern-day workplace.  So, "name, rank and serial number" is never a bad idea when an employer is asked for a recommendation, no matter the context in which the request for recommendation is made.