Giving a job reference for a former client...

11/15/2011

The HR department of a private counseling agency contacted one of their therapists for a reference on one of her former clients. The agency was considering hiring this former client as a therapist. The client had only been seen by her twice. He had no experience as a therapist, but does have an online Masters degree in psychology.

The request puts the social worker in an uncomfortable position. She didn't think he was qualified for the position but she had other information that would certainly raise questions about his suitability for the position.

Is she able to breach confidentiality and talk about this client to her own HR department? If another agency had called her with the same request, she most decidedly could not without the client's permission. Is it different within your own agency? And how much can she reveal? Since social workers are "the conscience of the agency" should she advise HR that this request might be a breach of confidentiality and she is uncomfortable with the request? (They did not seem to think it is since it is "in-house".) Should she just answer "yes" or "no" with no further information or reveal all that she knows to protect the integrity of the services being provided to clients?

5 Comments

Jodi Silverman,LCSW

11/15/2011 01:13:32 am

Did the person sign a release allowing the therapist to talk to HR? That would be my first question. Secondly, in my opinion, even if a release was signed, this is very clearly a conflict of interest. I am thinking that the person shouldn't even be allowed to work in the agency as a therapist given that he was a former client. Thirdly, the "in house" standard does not really apply to the therapist-client relationships for HR references. My suggestion is that the social worker decline to give a reference based on confidentiality and conflict of interest, however she might want to make a statement around the appropriateness of a former client working as a therapist in said agency.

11/15/2011 01:40:46 am

There are no exceptions to ethics. Therapists are required to obtain a clients consent prior to offering an opinion/contacting anyone.

James

11/15/2011 03:01:56 am

Any information that the therapist might reveal about the former client (without their expressed written permission) would be a breach. From the details provided, it sounded like the HR department in the agency was attempting to apply the idea of "internal" confidentiality that is understood within agencies for billing/clinical necessity(i.e. clinical consultation, biliing insurance, etc.) to the hiring and reference process. This is a misuse of privileged and confidential information. Even with the practice of "internal" confidentiality amongst the agents of a company, clinicians reveal information only as necessary for the purposes of treatment and are ethically bound to protect all other information (including identifying information). I think that the therapist has solid ground to refuse the request from HR based on our duty to protect confidential information and to ask them to go elsewhere to seek out the information they need for hiring this person.

Lisa C. LCSW

11/15/2011 03:12:44 am

I'm curious to know how the agency even found out that said client was a client at this agency in the first place. Did the client list the therapist as a reference or disclose during an interview he had come to this private practice for therapy before. I agree with the previous replies that if I were the therapist I would not disclose any information to my employer. Also,how well can you really establish a relationship with someone in two sessions to speak to their real character? If I was forced into talking about the client, I would play the card that I had not worked long enough with the client to be able to give an accurate character or employment reference. Good Luck!

Help me find jobs in Singapore link

1/31/2014 07:14:42 pm

Your blog is impressive. I completely enjoyed your post and can keep my eyes open for updates. Keep up the nice work! Thanks.

Giving a job reference for a former client...

Leave a Reply.

Author

Archives

Categories