New Mexico Guidelines for Performing Reference Checks
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How to fill out Guidelines For Performing Reference Checks?
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FAQ
What about reference checks? If you haven't called the list of former employers provided to you by the candidate you may be making a huge mistake. Reference checks shouldn't be considered a formality or a nuisance, they are essential to the hiring process.
Candidates should have given permission, generally, for reference checking to be conducted. Reference checkers should not reach out to anyone the candidate has expressly asked not be contacted. Reference checkers should not contact references from a candidate's current employer without express permission.
6 Mistakes To Avoid When Conducting Employee Reference ChecksMistake #1. Starting the Process Too Late.Mistake #2. Contacting the Wrong People.Mistake #3. Asking the Wrong Questions.Mistake #4. Failing to Properly Weigh Responses.Mistake #5. Relying blindly on an Outside Recruiter.Mistake #6.The Bottom Line.
Though there isn't a specific law requiring that you check a candidate's references, courts have held employers liable for negligent hiring for certain acts of their employees, which the employer knew or should have known might occur.
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.
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.
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.
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?
An employer does not have to give a reference by law unless it's: in writing that the employer will provide one.
Do employers always check references? Essentially, yes. While it's true that not 100% of Human Resources (HR) departments will call your references during pre-employment screening, many do. If you're about to begin a job search, you should expect to have your references checked.
