Wisconsin Guidelines for Performing Reference Checks

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Multi-State
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US-174EM
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Description

This form provides guidelines for reference checks when hiring new employees.

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FAQ

Under Wisconsin law, an employer who, on the request of an employee, former employee, or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith.

What can you ask during a reference check?How did this person manage a team?What are some examples of this individual acting as a team player?What was it like to supervise this former employee?How effective was this person with completing the work given to them?More items...?25-Jul-2019

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.

Under Wisconsin law, an employer who, on the request of an employee, former employee, or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith.

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.

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.

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.

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.

The Legality of Reference Checks There are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation.

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.

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Wisconsin Guidelines for Performing Reference Checks