California Applicant Authorization for Reference Checks
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How to fill out Applicant Authorization For Reference Checks?
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FAQ
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.
There is no limitation on the pre-employment references that can be contacted unless the candidate specifically requests this. However, no reference checking whatsoever should be done without the written consent of the candidate.
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?
The Legality of Reference ChecksThere are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation.
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.
Information that can be provided includes: Dates of employment, Title (job classification), and. Salary verification (only verify the salary that is given to you is correct or not correct)
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.
If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.
Although consent from the applicant is not required for reference checks, a prospective employer may still wish to obtain written consent, especially if the prospective employer intends to contact previous employers who are not listed as referees.
You haven't asked your references for permission.Always ask for permission to use someone as a reference, and give them as much information about the jobs you're applying for as possible.
