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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.
A standard background check includes all aspects of a candidate's background, including their criminal history, employment history, credit information, and lawsuits or non-criminal cases. Whereas, a criminal background check just includes any Class B misdemeanor or higher charges or prosecution.
A reference check generally involves contacting applicants' former employers, supervisors, co-workers and educators to verify previous employment and to obtain information about the individual's knowledge, skills, abilities and character.
Employers commonly ask interviewees to submit references at the point of the interview or afterward. Reference checks are used to verify a candidate's employment history and to confirm basic experiences and accomplishments.
An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.
Most employers check references as part of the hiring process. Checking references involves contacting previous employers, supervisors, schools, and so forth to verify key employment and educational information and learn more about a candidate's background, experiences, and skills.
When giving a job reference, release only factual information. Factual information is something you can prove, either with witnesses or documentation. Facts do not include opinions, value judgments, or moral criticism. In addition, it is generally a good idea to provide only what is requested.
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.
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.
5196 criminalize various types of blacklisting or efforts to prevent a former employee from finding a new job. Notably, under both statutes an employer is allowed to give a truthful statement about why an employee was fired, if given either with the consent of the employee or at the request of a prospective employer.