Published
When you get to the point where you're doing reference checks on a candidate, does that mean you've narrowed it down to one specific candidate and a job offer is in the offing, pending a good reference/background check?
Or do facilities ever do reference checks on the top handful of candidates?
The law is clear on references- were they employed there, in what capacity, what dates were involved, and would you rehire. Since you claim an applicant had a bad reference, you also have to admit the law was not followed. By breaking that law, the only thing the ex employer stands to gain is a defamation lawsuit. Again, I'll ask you why the ex employer would bother, and risk such a thing. It makes no sense. But it's illegal, nonetheless.
Unless the applicant signed a waiver saying that they would not hold the reference giver liable for a bad reference.
I..um..thank you for your enlightening contributions to the thread.
So, related topic:
What's the likelihood of current or former boss being called, compared to a personal reference?
When I apply, I list employers, past employers, etc, and that yes, they can contact them. Then later they usually have a "references" section, where I list references. Do HR people normally call both, or just the deliberately listed references?
I wonder if I'd give the name of a personal reference that wouldn't claim that I am the best thing to happen since sliced bread. I have personally yet to have a personal reference inform me that they were contacted for a job, and I have had maybe 70. Jobs, I mean. As far as the prior one sentence 'consent' listed, well, we can see why there are so many lawyers in this country?
I've always used current boss and former boss as personal references. I don't know, I've always had really good relationships with my bosses, and I like to be upfront about whether I'm looking for another job (but I've never worked for a vindictive boss and when I've looked to change jobs, it's never been due to unhappiness or disgruntlement with my current job).
I wonder if I'd give the name of a personal reference that wouldn't claim that I am the best thing to happen since sliced bread. I have personally yet to have a personal reference inform me that they were contacted for a job, and I have had maybe 70. Jobs, I mean. As far as the prior one sentence 'consent' listed, well, we can see why there are so many lawyers in this country?
I did just a few weeks ago. I've listed a charge nurse as a personal reference (after getting her permission) and she informed me that she had been contacted.
Karl Farmer
308 Posts
Like I noted before, you are correct, so long as you have given written, clear consent to obtain prior employment information that is not protected by federal law. As in: "You can call anybody and ask them anything, and no matter what they say I hold you free from liability or any claims of damage, even call my neighbors and my doctor, and you can also have a copy of my health record and my credit report", like that. Just signing consent for prior employment verification doesn't cut it.