Minnesota Guidelines for Performing Reference Checks

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Multi-State
Control #:
US-174EM
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Word; 
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Description

This form provides guidelines for reference checks when hiring new employees.

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FAQ

If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.

Here are some of the questions that may be asked during a reference check:When did (name) work for your company? Could you confirm starting and ending employment dates?What was her/his position?Could I briefly review (name's) resume?Why did (name) leave the company?What was her/his starting and ending salary?

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.

Like most states, Minnesota provides some legal protection for employers who give information about employees to prospective employers who ask for a reference. As long as the employer acts in good faith and doesn't go beyond what the law allows, the employer can't be sued for defamation.

There is no limitation on the pre-employment references that can be contacted unless the candidate specifically requests this. However, no reference checking whatsoever should be done without the written consent of the candidate.

You haven't asked your references for permission.Always ask for permission to use someone as a reference, and give them as much information about the jobs you're applying for as possible.

Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.

Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.

Although consent from the applicant is not required for reference checks, a prospective employer may still wish to obtain written consent, especially if the prospective employer intends to contact previous employers who are not listed as referees.

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Minnesota Guidelines for Performing Reference Checks