Publications: State Government Relations
"Name, Rank, and Serial Number"

New state laws make it easier for companies to tell the truth about former employees. Job reference immunity legislation, passed in 26 states, provides that former employers will not be liable for references made to potential employers unless the references were maliciously untrue. Before the passage of job reference immunity legislation, most employers merely provided the "name, rank, and serial number" of past employees. If they didn’t, companies sometimes were forced to defend lawsuits brought by former employees disputing a job reference. In a Texas case, an employee received a $1.9 million judgment against a former employer who described him as a "zero" and a "classical sociopath." In states without the law, companies still speak at their own risk.

Providing "name, rank, and serial number" also has created unexpected liability exposure. In Florida, one company was sued for not saying enough. A competitor company claimed that a reference concealed the violent work history of a former employee. The employee shot and killed three employees at a new job before killing himself. Unfortunately, job reference immunity legislation does not address these inadequate or incomplete references.

Job reference immunity legislation is pending in fourteen states. These proposals will facilitate the free flow of information between employers.

They will also help excellent employees receive the praise they deserve. Not all states have enacted job reference immunity laws. If your state hasn’t, then "name, rank, and serial number" might be all you learn from a reference.

Published 1997