Maryland Guidelines for Performing Reference Checks
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FAQ
There is no Maryland law preventing an employer from proving a reference for a former employee. There is no Maryland law that provides that an employer can only provide dates of employment and position held in response to a reference inquiry.
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?
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.
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.
If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.
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.
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.
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.
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
There is no limitation on the pre-employment references that can be contacted unless the candidate specifically requests this. However, no reference checking whatsoever should be done without the written consent of the candidate.
