Texas Guidelines for Performing Reference Checks
Description
How to fill out Guidelines For Performing Reference Checks?
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FAQ
If a prospective employer contacts your previous workplace, your prior employer can legally disclose anything about your employment, including your salary, job duties, vacation days taken, disciplinary action, or concerns about your job performance.
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.
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.
In particular, Texas Labor Code § 103.003 explicitly allows an employer to disclose information about a current or former employee's job performance to a prospective employer of the current or former employee on the request of the prospective employer or the employee. And A§ 103.004 makes companies immune from suit
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?
Under California law, an employer is not obligated to provide a reference for a former employee, but should it choose to do so, the employer may provide information about job performance, qualifications, and eligibility for rehire.
There are no federal laws restricting what information an employer can - or cannot - disclose about former employees. If you were fired or terminated from employment, the company can say so.
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.
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.
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.
