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California is among the states that have enacted reference immunity laws. Under California law, truthful communications about job performance or employment qualifications of a current or former employee are privileged as long as the communication is based on credible evidence and made without malice (Cal. Civ.

Although some companies believe reference checks are outdated, many still rely on them to make the right hire. Recent research by the Society for Human Resource Management (SHRM) survey reveals 87 percent of employers conduct reference checks during pre-employment screening.

Employment verification queries may include the following: The employee's start and end dates. Job title or position with the company. Reason for leaving the company. Income verification for the employee, including salary information (Prohibited in California) Job performance.

So, in summary, a reference can legally answer any job-related question as long as the answer is true or is an honestly held opinion.

In addition to overcoming the common-interest privilege, an employee will need to prove other facts to justify a lawsuit against the employer. Malicious Statements.Unsolicited Communications.False Statements.Statements about Protected Activities.Statements That Breach a Contract.

In California, employers are protected from liability for defamation if they provide reference information based on credible evidence, without malice. By Lisa Guerin, J.D. If you've lost your job, you may be concerned about what your former employer will say to companies that ask for a reference.

You Have the Right to Decline a Reference Request There is never an obligation to give someone a reference. You can politely and diplomatically decline the request without offending the person who asked you. The trick is to do so without making your refusal sound like a personal criticism or a professional rejection.

Do employers always check references? Essentially, yes. While it's true that not 100% of Human Resources (HR) departments will call your references during pre-employment screening, most do. If you're about to begin a job search, you should expect to have your references checked.

Ultimately, it depends on your personal preference, company values, as well as any time/budget constraints. For some employers, it may not be necessary to get a reference in order to decide if you would like to give an applicant a try.

The best time to conduct a reference check is after you have completed interviews. 2. Checking references may be time consuming so only check your top candidates that have been identified as potential hires.

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Both instances present a better picture to the hiring manager of how the candidate would perform on the job. Need a California background check?Step 5: Completing your Background Clearance. Wondering about admission requirements and the tests, grades and test scores you'll need to be admitted? It is essential to check references on all candidates who are serious contenders for a position. The best predictor of future success is past performance. For the provision of public mass transportation in the San Bernardino Valley. (We can do the background check before the offer, right?) Do we have to wait until every last item is complete Performance. Reference checking also helps avoid the risk of negligent hiring. Employment decisions can be challenged legally on a variety of bases.

And even when an employer is deemed to have done the right thing in hiring, an adverse inference of wrongful intent may be drawn by the hiring manager against a prospective employee. What that means is that the employment decision might be considered a second-chance hire even if no reasonable grounds for believing discrimination happened are present. For more information on this, see the U.S. Equal Employment Opportunity Commission Website. Step 7: Airing the Position to Get Recommendation Information Airing your opening to the employer can be a great way to get information about the position. And you can do so as soon as all applications are due. If you get an applicant to the interview, give him or her the opportunity to explain their reason for seeking the position and provide a copy of a resume. Also, explain why the applicant has been chosen.

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San Bernardino California Guidelines for Performing Reference Checks

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What information can a former employer disclose in California?

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