Navigating the Labyrinth of Professional References

Episode 42: Navigating the Labyrinth of Professional References

We’ve got a fantastic topic for you today, one that’s essential but often overlooked: Professional References. How do you get them and how do you give them, especially in our current climate of legal concerns?

So, let’s start with the basics. Why are professional references so important in the healthcare field? References are like the trust currency in the professional world. They provide a third-party validation of a person’s skills, character, and performance, particularly crucial in healthcare, where lives are at stake.

Today we are going to talk about references from three different perspectives:

1. References for YOU if you’re applying to a board or another position in another practice,
2. References you’re getting on a potential new physician or employee for your group, and
3. References you’re asked to give by a former partner or employee.

So, let’s jump in!

In thinking about giving and procuring references in a litigious society, this is where it gets interesting. In our current climate of heightened litigiousness, people are more cautious than ever about what they say in a professional context. A single misplaced word can bring legal headaches, and nobody wants that.

To mitigate this, here are some best practices for when you are seeking colleagues and former bosses who will give a professional reference for you:

• First, always seek written consent before listing anyone as a reference. You can do this via email and it will give you some legal cover.
• Next, be sure to have targeted references. When selecting references, think about the job position or business opportunity you’re going after. Who can provide insight into those specific aspects of your expertise?
• Third, it is always wise to pre-screen your references: A brief conversation to gauge their comfort level in vouching for you can go a long way. If after speaking with them, you’re in any doubt that they’ll rave about you, don’t list them. Move on and find someone you’re confident will sing your praises.
• Last, think quality over quantity. A couple of well-thought-out, robust references are far more impactful than a long list of weak or irrelevant ones. A hiring manager will look at who they are to you and how they related to you in prior roles. If you list only peers as references, and no one to whom you reported, that can raise questions. If you haven’t reported to anyone, list a mentor or someone who gave you career guidance.

Let’s talk about getting references on someone you’re looking to add to the team. This is where you want as much information as possible. Many larger groups and health systems will only give out dates of employment and job title. Don’t despair. This is the time to get creative! Check to see if you know any of the doctors in the group well enough for a sidebar. Call or text them personally to see what they can share. Many will give you an unofficial reference that helps you with your decision making process. And, if they’ve been coached not to do this, that’s okay too. I’ve found over the years that there is a high degree of trust between physicians, and typically, they’re willing to share if it was or wasn’t a good experience.

I will call or text friends of mine who run practices to see if they’ll give me an informal reference. Sometimes they will and sometimes they won’t. Sometimes they’ll give you one that makes you laugh. I’ll never forget texting someone whom I know very well and asking about a former employee of hers for a role I was hiring for. Her simple text came back with a capital “N” followed by a whole series of capital “O’s”! It made me laugh, and I knew I could move on to another candidate. Sometimes, when there’s a high degree of trust, there doesn’t need to be a lot said.

If you’ve tried friends and colleagues and have done everything you can to find references, and there’s not much information available, consider that there’s something there for you to consider. Someone whom people are not willing to talk about may create more challenges than they’re worth.

Now we’ll shift gears and talk about giving references on former employees or partners. When the shoe is on the other foot, giving references can be even trickier. It’s a bit like walking a tightrope. I encourage everyone to think clearly and unemotionally about the person. My main sorting question is: would I rehire them? If my answer is yes, I am happy to answer all reference questions, and generally give a positive reference. If it’s an email reference, I’ll happily fill it out. If it’s a reference I’m giving during a phone call, I’ll also speak freely. If my answer is “no, I would not rehire them” I think about how a friend or colleague would feel if I gave a seemingly good reference on an employee who really didn’t perform well. What if they hired that person based on my reference, and then had to go through the difficult process of terminating their employment?

Yes, it is a litigious environment, and yes, it is challenging when an employee didn’t work out for you and yet, you’re asked to give a reference. If I am in a space where I would not rehire the person, I put in writing only their dates of employment and their job title, along with a comment that they are not eligible for rehire with us. All of this is factual information, and it is generally enough to let a savvy hiring manager know what they need to know. If they press me for further information, I either politely decline, or I will call them to talk through it a bit more.

Talking via phone has the advantage that you have not shared anything in writing. Depending on your working relationship with the person you’re speaking with, you can be a bit more free with information. If I am giving a positive reference, I’ll give that in writing or via phone. If the reference is anything less than positive, my strategy is to write or say very little.

I encourage you to be honest but diplomatic. It’s important to balance transparency with tactfulness. You can decline to answer specific questions if you’re uncomfortable. And, if the former employee is applying for a job that is very different from the one they had with you, it may be easier to say that you cannot really comment as the roles are very different.

Remember that anything shared in writing, whether via email or even in a text can be admissible in court and used against you in a lawsuit. With references that are not positive, the less said or written, the better. If you are concerned about others in your practice giving inappropriate references, or oversharing, you can centralize that function with one or two people in the group, or you can utilize reference templates. Having a standardized template for references can help maintain consistency and reduce legal risks.

In thinking about the legal aspects, it’s important to remind you that I’m not a lawyer, but please keep in mind that providing a false reference, or a reference that you cannot substantiate, can expose you to legal repercussions. As with anything, if you’re unsure, choose the more conservative action.

To sum up, references are a vital part of your professional toolkit. When procuring them, be selective, secure written consent, and pre-screen. When giving them, be honest yet diplomatic. Most importantly, consult your legal team for anything that’s questionable.

Thanks for joining me today – be sure to Follow or Subscribe to get future episodes delivered automatically. Join me for our next episode, where I’ll be talking about Phishing Scams, Social Engineering & Cybercrime.