Massachusetts Guidelines for Performing Reference Checks

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Multi-State
Control #:
US-174EM
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Word; 
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Description

This form provides guidelines for reference checks when hiring new employees.

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FAQ

The Legality of Reference Checks There 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.

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.

Many people think of them as an afterthought or are convinced that it's illegal for their previous company to say anything about employees other than to confirm their dates of service and job title. In fact, companies and individuals can say anything they want to in a reference check, as long as it's true.

ATTORNEY ANSWER: Your former employer is free to say what it wants about your work performance with few restrictions. Although you might be able to pursue damages for a patently false reference that causes you to lose out on a job, doing so will not be easy.

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.

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.

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.

What can you ask during a reference check?How did this person manage a team?What are some examples of this individual acting as a team player?What was it like to supervise this former employee?How effective was this person with completing the work given to them?More items...?25-Jul-2019

Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.

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.

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Massachusetts Guidelines for Performing Reference Checks