Minnesota Guidelines for Performing Reference Checks are a set of comprehensive guidelines that outline the proper procedures and best practices for conducting reference checks in the state of Minnesota. These guidelines are designed to ensure fairness, accuracy, and legality in the process of gathering information about potential employees. 1. Legal Compliance: The Minnesota Guidelines for Performing Reference Checks emphasize the importance of conducting reference checks in accordance with federal and state laws, including the Fair Credit Reporting Act (FCRA), Minnesota Human Rights Act (MARA), and the Minnesota Data Practices Act (MPA). Compliance with these laws is essential to protect the rights and privacy of individuals. 2. Consent and Notification: The guidelines state that employers must obtain written consent from job applicants before conducting reference checks. They also recommend providing applicants with a clear notification informing them about the nature of the checks, who will be contacted, and how the information will be used. 3. Reference Verification: The Minnesota Guidelines highlight the importance of verifying the authenticity and credibility of references by contacting them directly. It is encouraged to speak with individuals who have direct knowledge of the applicant's work history, performance, and character. 4. Confidentiality and Privacy: The guidelines stress the significance of maintaining confidentiality throughout the reference check process. Employers are advised to handle all collected information with care and respect privacy rights. Confidential data should be stored securely and shared only with those directly involved in the hiring decision-making process. 5. Non-Discrimination: The Minnesota Guidelines for Performing Reference Checks emphasize the prohibition of discrimination based on protected characteristics such as race, gender, age, disability, religion, or national origin. Employers are urged to ensure that reference checks are conducted in a manner that does not lead to biased hiring decisions. 6. Record keeping: The guidelines recommend maintaining accurate and detailed records of all reference check activities. This includes but is not limited to, consent forms, interview notes, reference contact information, and any relevant correspondence. These records should be retained securely and in accordance with applicable laws and regulations. It's important to note that while these general guidelines are applicable to reference checks in Minnesota, there might be specific variations or additional considerations depending on the industry or the organization.
Minnesota Guidelines for Performing Reference Checks
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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.
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.
Like most states, Minnesota provides some legal protection for employers who give information about employees to prospective employers who ask for a reference. As long as the employer acts in good faith and doesn't go beyond what the law allows, the employer can't be sued for defamation.
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.
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.
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.
