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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.
Here are 17 questions to ask during a reference check:What was their relationship with the candidate?How long did they work with the candidate?What was the candidate's role? (Responsibilities, tasks, etc.)What were the candidate's top strengths?What did the candidate struggle with?More items...
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?17-Sept-2020
Job References & Hiring: What can employers say in California?Overview.What is a "Privileged" Statement?Malicious Statements.Unsolicited Communications by a Former Employer.False Statements.Statements about Protected Activities.Non-privileged Statements & Liability.Final Thoughts.
Guidelines for the reference providerVerify that the caller has a legitimate need for the information.Limit your remarks to the inquiry.Provide truthful information.When giving negative information, give specific facts without labeling them negative.Discuss both the positive and negative attributes of an individual.More items...
It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
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.
Reference check stepsVerify the candidate's name.Confirm how they know the candidate.Ask what makes the candidate a good fit.Have the reference rank the candidate.Find out the candidate's strengths and weaknesses.Ask about the candidate's behavior.25-Nov-2019
DATE. APPLICANT.Explain what duties/classification the incumbent is being considered for. Verify the employment information provided by the applicant.How long did you supervise the candidate?Please comment on the following: (a) Attendance?Do you have any reservations about recommending the candidate for this job?