Some time ago, I had an interesting conversation with a gentleman who has been a member of our association since its inception. He is a past Chair of our Board of Directors, and still a very active fire sprinkler contractor. Like many of the calls I receive from our members, this conversation was focused on field labor issues, and more specifically, related to increasing costs. One of the concerns expressed was about the number of installers who jump around from company to company to get more money (which we can all understand) but that wasn’t the point.
His main concern is that prior employers no longer provide adequate references or confirm the candidate’s skills or pay scales. As a result of this practice, his company and many others are now hiring what he described as mediocre help at premium dollars. He hoped AFSA could or would develop a pipeline of communications between members of the association who might share information more openly, and he reminded me that the AFSA was formed to provide training for open-shop fire sprinkler contractors and their employees. He went on to say that everyone making the same pay scale regardless of skill level, training, or time in the field is not aligned with the merit shop concept. Of course, I agree with this point, but this is 2024 and many things have changed since the creation of the AFSA in 1981.
At the end of 1981, President Jimmy Carter was about to leave the Oval Office and Ronald Reagan (my favorite) was soon to move in. I loved Reagan’s communication style, wittiness, and approach to working with people from both parties for the common good. We need more of that today.
Let’s talk about the changes in societal and working norms that speak to the problems associated with the concerns expressed by my caller. One reason former employers do not provide much more than an acknowledgment of one’s dates of employment is a legal matter. Aside from privacy rules, most employers are concerned about being sued if they provide any additional information. So, we should start by blaming all the lawyers, as suggested by William Shakespeare some years back. To quote the Eagles lyric sung by Don Henley: “The more I think about it, Old Billy was right. Let’s kill all the lawyers, kill ‘em tonight. You don’t want to work; you want to live like a king. But the big bad world doesn’t owe you a thing.” But in a free enterprise marketplace, it’s fair to say that a product, service, or your time is worth whatever someone is willing to pay for it. Perhaps we shouldn’t be blaming people for taking what they can get when they can get it.
While there have been few cases where a past employer was found guilty of slander or defamation of character, no federal laws prohibit employers from providing a poor reference. A bad reference from a former employer can harm a job applicant’s chances of getting hired; it’s usually not illegal. What is illegal is a former employer making false factual assertions about their past employee—they can state facts, good or bad.
Let me stop right here for a moment and state for the record that I am not now, nor have I ever been, an attorney. I don’t play one on television and I have not stayed at a Holiday Inn Express recently. No one should take legal advice from me and AFSA staff does not offer legal advice. The opinions stated herein are my personal opinions and should not be considered consultation or appropriate legal advice. I mean it… seriously.
So, why are former employers less than forthcoming with any information other than just he or she worked here on these dates? Well, there is usually an attorney who will take on a case on a contingency basis and it costs money, time, and interruption (more money) to your business when having to respond to claims, regardless of legitimacy. As such, no one wants to deal with the possibility of a complaint or legal action.
AFSA does not have a job board, and I doubt we would ever create one; however, we do encourage our members to follow best practices and consult with their legal advisors when it comes to creating policies and procedures that might lead us toward proverbial hot water. While the interview process may limit what questions may be asked of a candidate, it is not out of line to ask for proof of compensation claims, such as pay stubs. Proof of training programs completed or even asking for references of those persons they have worked with directly—other fitters, foremen, or apprentices. We encourage our members to utilize the formal training programs we provide to develop long-term relationships with people we recruit to our industry and your businesses. Superstars come in many forms and are usually identifiable by their positive attitudes and willingness to learn. Get these people on your teams and help them find the right positions within your organizations. Most AFSA members are not huge companies with multiple offices. The majority of our membership roster are single-location, smaller sprinkler contractors just like the big guys used to be. When we hire cautiously and provide fair pay and decent benefits, we become employers of choice, and your people will bring friends and relatives to your door for the opportunities your business and this industry offer. Short-term solutions do not fix or address long-term problems. Hiring anyone who can put a fog on a mirror just to fill gaps exposes us to more injuries, workers comp claims, more water damage claims, and more vehicular incidents. All of which increases our cost of doing business by increasing our MOD rates and insurance costs. We love the phrase, “Work smarter, not harder” but in this case, it also means hire smart, too.
ABOUT THE AUTHOR:

Bob Caputo, CFPS, is president of AFSA. He has been an important part of the fire sprinkler industry for over 41 years and is a long-time member of AFSA and promoter of merit shop contracting. He has chaired and served on many NFPA committees. Caputo has written and presented seminars throughout the world on fire protection and life-safety systems and is a regular speaker at AFSA and NFPA conventions. He has developed AFSA education and training materials, and chaired two chapters of AFSA—Arizona and Southern California. Caputo is the recipient of numerous awards, including Fire Protection Contractor magazine’s “Industry person of the Year,” San Diego County Fire Chief’s Association’s “Fire Prevention Officer of the Year,” and AFSA’s highest honor, the Henry S. Parmelee Award.