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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 can legally state facts in response to a reference request. These facts may include whether your ex-employee failed a company drug test, the results of which were officially documented. In this case, you can legally state that your employee was fired or let go due to testing positive on a company drug test.
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.
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?
Details About The Candidate & Reference CheckIntroduce yourself, the company you're with, and your title.Explain that the candidate has listed them as a reference.Indicate how long it will take to complete the reference check form.Include details like when you would like the reference check form returned to you.More items...?
Although many people believe employers are not allowed to provide negative job references, that generally is not true in New Jersey or New York. While ordinarily your former employer cannot defame you, defamation is limited to false statements of fact. It does not prohibit opinions, or true but negative statements.
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.
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.
References are people who can talk about your work experience, work habits, character and skills. You should choose your references carefully. As part of the job search process, you may be asked to provide the names of people whom a potential employer can contact to find out more about you.