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No, they don't always check references.
The candidate should provide you with a minimum of three professional references, including name, phone number, email address and a description of the working relationship to the candidate. At least two reference checks should be completed prior to extending an offer of employment.
An employer does not have to give a reference by law unless it's: in writing that the employer will provide one.
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.
What about reference checks? If you haven't called the list of former employers provided to you by the candidate you may be making a huge mistake. Reference checks shouldn't be considered a formality or a nuisance, they are essential to the hiring process.
6 Mistakes To Avoid When Conducting Employee Reference ChecksMistake #1. Starting the Process Too Late.Mistake #2. Contacting the Wrong People.Mistake #3. Asking the Wrong Questions.Mistake #4. Failing to Properly Weigh Responses.Mistake #5. Relying blindly on an Outside Recruiter.Mistake #6.The Bottom Line.
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.
Don't ask about a candidate's sexuality, age, religion or similar matters. Anything related to personal health. Don't ask about a candidate's medical history or the existence of disabilities. You can ask whether the candidate is capable of performing the tasks that the job requires.
Candidates should have given permission, generally, for reference checking to be conducted. Reference checkers should not reach out to anyone the candidate has expressly asked not be contacted. Reference checkers should not contact references from a candidate's current employer without express permission.
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.