Hide Comments in the Employee Reference Request and eSign it in minutes

Aug 6th, 2022
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How to Hide Comments in 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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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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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.
Are backdoor reference checks legal? Yes, backdoor reference checks are legal as long as the candidate has given you permission to conduct them.
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.
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.
If the initial reference has yet to respond to your requests, then consider selecting another to speak on your behalf. The hiring employer may have a deadline to submit your references contact information so finding a new one can help you be more productive with your time.
Even someone you worked for a few years back could prevent you from getting a job if they give a company reason to be concerned about hiring you. Some companies have a policy of not providing anything beyond basic verification information like start and end dates and position(s) held.
1) Look for unprepared, blind references. Blind references are those beyond the obvious ones that your candidate will give you and usually, therefore, ones that will offer an unvarnished view.
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.

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