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You may think that a past employer won't give a negative reference, but unfortunately employers can and do give bad feedback. Think previous employers can't legally give a negative reference or do more than confirm dates of employment? This is not true.
There are no federal laws that address what an employer can or can't say about a worker. Many states, however, have enacted legislation that gives employers a qualified immunity when providing information for a reference check.
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?
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.
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.
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.
When Giving References, How Truthful Can You Be?Review all applicable state laws.Maintain control of the information.Be consistent in how requests are handled.Stick to the facts.Get permission from the employee.
If an employer gives a reference it must be accurate and fair. The employer giving the reference can decide how much they include. References can be short or long for example, a 'basic reference' or a 'detailed reference'.
In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.