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There are no federal laws that address what an employer can or can't say about a worker. Many states, however, have enacted legislation that gives employers a qualified immunity when providing information for a reference check.
Details About The Candidate & Reference CheckIntroduce yourself, the company you're with, and your title.Explain that the candidate has listed them as a reference.Indicate how long it will take to complete the reference check form.Include details like when you would like the reference check form returned to you.More items...?19-Mar-2021
You can legally state facts in response to a reference request. These facts may include whether your ex-employee failed a company drug test, the results of which were officially documented. In this case, you can legally state that your employee was fired or let go due to testing positive on a company drug test.
Don't ask about a candidate's sexuality, age, religion or similar matters. Anything related to personal health. Don't ask about a candidate's medical history or the existence of disabilities. You can ask whether the candidate is capable of performing the tasks that the job requires.
Let Your Company's Policy Be Your GuideReference Checks in Writing.Never Provide Without the Subject's Approval.Keep Your Answers Basic Confirm the Facts.Provide Warm Recommendations When Possible.Only Speak to Your Direct Knowledge & Experience.Work with HR to Provide Safe Negative References.More items...?
Common background report red flags include application discrepancies, derogatory marks and criminal records.
Typical Reference Check QuestionsHow do you know the candidate?How did you work with the candidate?How did the candidate's employment end?What were the candidate's job titles or roles?Did the candidate receive any promotions at this company?Does the candidate possess the job skills required for this position?More items...?
Unfortunately, the law in Massachusetts does not expressly protect you from a bad job reference. Your former employer is free to say what it wants about your work performance with few restrictions.
During a job reference check call, typically the recruiter asks questions related to productivity, communication and listening skills, successes, failures, attendance, culture fit, strengths, and weaknesses.
Many employers check references as part of the hiring process. A reference check is when an employer contacts a job applicant's previous employers, schools, colleges, and other sources to learn more about his or her employment history, educational background, and qualifications for a job.