References rarely lead to lawsuits

From time to time, I receive questions from readers that would be better answered by a lawyer with expertise in employment law.
Marshall Tannick is a partner in the law firm Mansfield, Tannick & amp; Cohen, which has offices in St. Paul, Minn., Minneapolis and other cities. Tannick specializes in employment law and writes frequently on these issues for lawyers, employers and workers.
I asked Tannick to address two of the most frequent topics in my summer mail -- references and cutbacks to employees' hours. Those exchanges follow here. The recommendations at the end of each answer come from me.
References
Lindgren: A number of my readers have had bad experiences with former employers in regard to references. In some cases they have discovered that they received bad references, but that is the less frequent complaint.
Mostly, they are frustrated by some employers' refusal to give any reference at all. A number of them have asked me if this is legal and what the common practice really is.
Tannick: Although many employers follow a policy of limiting references to the employee's name, job duties and dates of service, the law does not impose such a restriction. The self-imposed limitation is largely due to an exaggerated fear of lawsuits for defamation.
However, previous employers may give out any information they wish.
Information that is true cannot be the subject of defamation. Furthermore, opinions are generally immune from defamation claims, too. If false facts are given out, the employee may be entitled to sue for defamation if the improper data caused her to lose a job opportunity. But it is difficult to prove precisely what a former employer said to a current employer, who often is unwilling to be very candid.
In some states, laws specifically give employers a privilege, or entitlement, to give out any data that is requested about previous employees without fear of defamation lawsuits. But in other states, like Minnesota, it's up to the employer's own discretion, and most will opt to give sparse information, although they are not legally obligated to be so reticent.
Advice
My recommendation: While on the job, do what you can to broaden your contacts beyond your immediate supervisors. When the time comes for a job reference, you will be glad you have others to ask besides your direct supervisor.
People to consider asking include outside vendors or customers, professional colleagues, teachers you've had in the field and those you have served with on external committees. Co-workers who have recently left the company will not be bound by the company's policy, while those still on the payroll may be.
If you are not working now, look for people to serve as references in other areas of your life. Volunteer positions are a good source of people who know your enthusiasm and work abilities.
Cutbacks
Lindgren: While a number of companies are responding to a tight economy by laying off staff, some are asking staff to take a cut in hours instead.
An employer has written that her company wanted to save money, and jobs, over the summer by having workers take Fridays off without pay. She was advised that workers would have to be given their vacation pay for those days, which would render the idea moot for the company. Can companies reduce a worker's hours without making up the lost income with vacation pay?
Tannick: Generally, employees who are employed "at will" may have their work schedule reduced in whole or in part at the employer's discretion.
Different rules may apply to members of labor unions, those who work for government entities or are subject to civil service rules.
Since "at will" employees can have their jobs terminated at any time, for any reason, they also are subject to having their hours reduced, or have the business close on certain days without pay and are not necessarily entitled to use vacation pay for these missed days of work.
Option
My recommendation: If your employer announces a cut in hours, ask to have an entire day off, rather than parts of each day. A larger block of time is more useful to you and is more likely to be restored when things improve.
XAmy Lindgren, the owner of a career-consulting firm in St. Paul, Minn., can be reached at alindgren@pioneerpress.com.