Massachusetts Reference Checking Checklist
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How to fill out Reference Checking Checklist?
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FAQ
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.
The Act prohibits employers from requiring that employees refrain from discussing wage information. An employee whose position provides them with access to salary data can be prohibited from discussing pay information.
Credit Checks: In Massachusetts, a Consumer Reporting Agency may release applicant's credit reports to employers. However, before requesting a credit report an employer must inform applicants in writing that a credit report will be requested.
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.
MGL c. 149, ?105A-105D Equal pay. Employers may not ask about wage or salary history until after an offer of employment with compensation has been made.
Massachusetts law allows employers to confirm prior salary or allows an applicant to confirm prior salary: (a) if an applicant has voluntarily disclosed such information; or (b) after an offer of employment with compensation has been negotiated and made to the applicant.
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.
California's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay.
Salary history is personal information that you may choose to withhold from your employer. However, while there is no legal obligation to disclose your previous salary, there is no way to be sure how a particular employer may react. Declining to disclose your previous salary could result in losing the job opportunity.
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.
