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Marital Status, Family, and Children An applicant's marital status and family life, including current or planned children, have no place in a reference check. For example, if a hiring manager asks about a candidate's family and does not hire the applicant, the company could be liable for discrimination.
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.
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.
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.
Employers can usually be truthful during a reference check, but they should be aware of their rights and responsibilities under state law. There are no federal laws that address what an employer can or can't say about a worker.
Employers in Nebraska can now share information with prospective employers about current and former employees. But, the employer must jump through the proper hoops, and the employer will be entitled to a rebuttable presumption of good faith if the information provided is accurate.
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...?
Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.
Employers armed with this authorization can provide the following information:Date and duration of employment;Pay rate and wage history;Job description and duties;The most recent written performance evaluation;Attendance information;Result of drug or alcohol tests administered within one year prior to the request;More items...?19-Jul-2012
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.Take the process seriously.Conduct two verbal checks.More items...?