California Reference Check Control Form
Description
How to fill out Reference Check Control Form?
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FAQ
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.
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.
Details About The Candidate & Reference CheckIntroduce yourself, the company you're with, and your title.Explain that the candidate has listed them as a reference.Indicate how long it will take to complete the reference check form.Include details like when you would like the reference check form returned to you.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?
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.
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.
Do employers always check references? Essentially, yes. While it's true that not 100% of Human Resources (HR) departments will call your references during pre-employment screening, many do. If you're about to begin a job search, you should expect to have your references checked.
You can legally state facts in response to a reference request. These facts may include whether your ex-employee failed a company drug test, the results of which were officially documented. In this case, you can legally state that your employee was fired or let go due to testing positive on a company drug test.
Though there isn't a specific law requiring that you check a candidate's references, courts have held employers liable for negligent hiring for certain acts of their employees, which the employer knew or should have known might occur.