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How to Hide Arrow into the Employee Reference Request

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hey everyone and welcome to todays segment of ask the HR expert I received a great question today thats also super common so I thought Id share with the group the question Center is around employee reference requests should you respond to these how do you respond what should your policies say and who should really be doing these for your organization first lets talk about why this comes up is a common question the centers around some exposure that you might have in the realm of defamation claims so if youve given a negative employee reference and the employee disagrees this is where you might be facing that defamation claim so here are some tips to keep you out of that situation so first off policy you want to make sure the policy states that all of these information requests go to HR this will keep responses compliant and consistent with policy second the employee consent should also be received in writing the reference requests itself should be in writing and the response should

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Can an employer say bad things about you on reference check?

There are no state or federal laws that prohibit an employer, a coworker, or anyone else from providing a poor reference for someone else. However, an employer may cross the line and face liability if he or she makes an untrue statement about an applicants performance.

What are you allowed to say during a reference check?

The first part is that the only questions a reference should ever answer are ones about job performance and nothing else. The second part is a reference can say anything he or she wants to say as long as it is (1) true or (2) an honestly held opinion.

Are blind references legal?

Legally, yes, you can contact references without permission and backdoor reference checking isnt illegal. The decision is up to you, but its highly recommended that you respect the candidates request not to contact certain references.

Can you prevent employees from giving references?

Your human resources department does not have to give references for former employees. There is no law that mandates this, and your company cannot get in trouble for refusing to comply with reference requests.

What should you not say during a reference check?

Dont ask about a candidates sexuality, age, religion or similar matters. Anything related to personal health. Dont ask about a candidates medical history or the existence of disabilities. You can ask whether the candidate is capable of performing the tasks that the job requires.

What not to say in a reference check?

You shouldnt discuss personal details about an employee, which can include references to her race, religion, age or disability status. Also, you should never discuss ethnic origin, marital status, parenting responsibilities or sexual orientation during a reference request.

How do you say no to someone asking for a reference?

Try one of these lines: Thanks for asking, but I dont know enough about your recent professional experience to serve as a reference. Im probably not the best person to give you a strong reference but wish you well in your job search. I appreciate you asking, but I dont feel comfortable serving as a reference.

What is a former employer allowed to say about you?

In short, yes. There are no federal laws restricting what an employer can or cannot say about a former employee. That being said, some employers are extremely cautious about what they do and dont say to minimize their liability in the event of a lawsuit.

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