Apparently not giving a reference makes me a...well..you know..

[dawbs]

Of course, wouldn't the "personal reference" have to be based ONLY on things that happened outside of work time?

I have always worked under the assumption that a professional reference is someone who reports on who you are as a professional and a personal reference is someen who reports on who you are as a person...

So unless you spent inordinate amounts of time 'off the clock' with this person, there isnt a lot to say in a personal reference, is there?

[auntmeegs]

From a liability standpoint, companies really can't do much more than verify just the facts:  title, dates of employment, compensation, etc.   

The problem with a company representative giving out any additional information, such as describing the employee's work performance in detail, is that the employee may not perform that way for the new employer.  In that case, the new employer could believe they have been led astray and seek damages. 

Additionally, the employee could take exception with how the former employer described his/her work performance and sue for slander. 



Unfortunately, if it didn't happen exactly that way to too many companies, employers would still be giving out references.  A few bad apples (on both sides of the fence) ruined it for everyone else.

No offense, but what you said is not true.  I am in HR, and there is no such thing as a liability issue with regards to a reference, be it personal or professional.  A reference is, largely, a matter of opinion and point of view.  The new employer could not seek damages because the former employer had a different experience with the person in question.  Or, I suppose they could seek damages, but they would never be rewarded with anything.  If the employee did not perform the same way with the new employer, the new employer would have a very difficult time proving why. 
If a company has a policy against providing professional references, it is strictly a reputation issue and not a legal one. 

[lolane]

No offense, but what you said is not true.  I am in HR, and there is no such thing as a liability issue with regards to a reference, be it personal or professional.  A reference is, largely, a matter of opinion and point of view.  The new employer could not seek damages because the former employer had a different experience with the person in question.  Or, I suppose they could seek damages, but they would never be rewarded with anything.  If the employee did not perform the same way with the new employer, the new employer would have a very difficult time proving why. 
If a company has a policy against providing professional references, it is strictly a reputation issue and not a legal one. 

Actully, this is not quite true either. I am in HR as well. A reference in general is not a legal issue, when an employer says, we would not re-hire EMPLOYEE because we didn't feel she was motivated." It becomes a legal issue if the former employer says, "We wouldn't rehire EMPLOYEE because she was stealing." If the employer has no proof that the employee was stealing, and had not conducted an investigation that clearly proved that the statement was a fact, then they can be sued and they will probably lose. It has happened in my state and the former employee has won.

[MineralDiva]

Maybe the policy against providing a personal reference, is to prevent former employees who didn't leave on the best of terms (whether fired or not), from gaining positive feedback from anyone in the company.  Thus circumventing the "normal" channels for obtaining a reference?

Sort of like when I left my last employer.  We had a bit of a personality clash, but I worked well with someone else in the office.  I could have completely given a new employer, the person's name I worked with at my last job...rather than my boss's name...to get what I knew would be a positive reference.  Rather than relying on my former boss's "mood."

However, it really is illegal for a former employer to say anything but "yes, she worked here."  (Unless the employee was terminated for doing something illegal.)

When looking for a new job, I didn't even mention that I'd worked for former employer.  Under the circumstances, it was a situation best "forgotten" about.

Though I worked with the person I "would" have used as a reference, before...I never asked her once I left the latest place we'd worked together.  (Not that she wouldn't have given me a glowing report.  I just didn't want anyone digging deeper, or wondering why I didn't use my former boss instead.)

[Bijou]

In the past few months, two people who were very good acquaintences left our company. Both were good workers. One left because her husband was transferred to another state. The other was let go because the position she was in was no longer applicable in our company.

They kept in touch, letting those they were buddy-buddy with how they were doing, etc.

Both have e-mailed me on separate occasions to give them personal and professional referneces. I asked our HR manager if I could do that and was told no, as it was against corporate policy. I told the one person who understood completely, and thanked me for letting her know before she put my name down.

The other person has decided that she is going to personally attack me and say nasty things about me to those here who work with me. I found this out because one of the other admins told me that S was upset that because I was denying her the opportunity to find work elsewhere because I wouldn't give a reference. She has gone as far as calling and threatening to get me fired. All of which has been reported to my manager and to HR. Unfortunately, since all she's doing is calling and harassing, all the company can do is refer it to the corporate legal counsel to see what can be done. In the meantime, I have to continue with getting looks and whispers behind my back.

Good for you in sending it up the line.   Too bad your friend didn't understand why you needed to do this.  When I worked as a supervisor calls for references would come in, usually from prospective employers.  The only people who could talk to them were the  people in HR. 
It is my understanding that a business has to be very careful in giving any kind of information to a prospective employer because they can get into legal hot water.  If I received a request for a reference either from a former employee or a prospective employer of that person, I sent them on to HR.