Oregon Guidelines for Performing Reference Checks
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How to fill out Guidelines For Performing Reference Checks?
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FAQ
An employer does not have to give a reference by law unless it's: in writing that the employer will provide one.
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.
Giving References in Oregon Employment law in Oregon prohibits past employers from giving out any information that is not strictly job related such is how long you worked there and more. A past employer cannot give personal commentary about your work performance or anything else that might be a biased opinion.
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.
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?
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.
Giving References in Oregon Employment law in Oregon prohibits past employers from giving out any information that is not strictly job related such is how long you worked there and more. A past employer cannot give personal commentary about your work performance or anything else that might be a biased opinion.
Under Oregon law, an employer is immune from liability for communicating information in response to a request from a former employee, or prospective employer, about the former employee's job performance as long as the employer is acting in good faith (Or. Rev. Stat. § 30.178).
It is illegal for an employer to give a negative or false employment reference (or refuse to give a reference) because of a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
