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Why Do Employers Have To Call Your Former Employers For Refrences?

Defamation Law Discussion Forum

Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Roselyn » Fri Jan 31, 2014 6:46 pm

If former employers are legally not allowed to say anything negative because it's considered slander, what exactly is the point of a "refrence check"? What exactly are they checking? And are they allowed to say anything about your work preformance at all?
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Efnisien » Sun Feb 02, 2014 11:47 am

There are things you can say... I did the hiring for my department for my last job and also answered other employers inquiries, you can be creative in your questions and answers. The most effective one is "Would you hire this person again?" You can say a lot with your inflection when you answer this, getting the point across without actually saying anything. If someone says "Oh hell no" then you know there's a bit of a risk there ;) I'm not sure how much you are allowed to say but our policy(which I think is pretty common) was to not say anything, that way you know you didn't say anything wrong. I know the labor board is a state-run agency so laws probably vary by state on how much you can say. We had one guy who was fired for coming in drunk, more than once, but even though we knew he was drunk we couldn't prove it so we couldn't say anything. We caught people stealing red-handed but unless charges were filed we couldn't say that either. We had an employee steal blank checks and forge them, her cousin was even arrested trying to cash one, but since it was never proven she stole them - can't say anything. We also weren't allowed to give someone a reason when firing them. We had to say "I'm sorry, it just isn't working out". They would press it and all we could do was repeat that line, so they couldn't sue us for firing them. Life was a lot simpler before all these laws. okbye 78 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Willard » Sun Feb 02, 2014 11:58 pm

First off, they call the previous employer to verify that you actually worked there. Anyone can lie on an application.   They can ask: 1. Did this person work there? When did this person work there, [verifying that you worked there when you said you did]! 2. Would you hire this person again? [Really meaning, 'was he/she a good employee]?   They have to know whether or not you are telling them the truth.   That's it, if they ask any more, it is illegal.
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby katehudson92 » Wed Feb 05, 2014 8:44 am

Your potential employer is doing a couple of things with a reference check. First, she's verifying your work history, to make sure you actually have the experience you say you have. Your past employers can give your dates of employ and job title or titles. If your resume says you worked as a Lawyer for 6 years at a particular firm, and it turns out you were a legal transcriptionist for 2 years, don't count on getting the new job. Second, they can ask if you're eligible for re-hire at your last job. If your last employer says that you're not eligible for re-hire, it sends up red flags. They're hoping that your past employer will say that they wish they still had you working there, and they'd hire you back in a second if they could. That's another point right there. While they can't say anything negative about you at your last job, they CAN say good things. That's what your interviewer wants to hear about you. If one applicant has all neutral reviews, and another applicant has all stunning recommendations from past employers, it makes the hiring process much easier - a great reason to leave all your jobs on the best terms possible! Lastly, they can't say anything negative, but they can really give a bad impression with how they say what they say. For example, imagine if you left a job on really bad terms, yelling at your last boss and kicking over your trashcan on the way out. When an interviewer calls and asks about you, your boss could say very sarcastically, "Oh, Billy, yeah, I remember HIM! How could I forget!" When they ask if you're available for re-hire, all the past boss has to do is laugh. He didn't say anything bad about you, but he really got the point across. Calling past job references can make or break a lot of job interviews, so don't burn your bridges!
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Kaarle » Thu Feb 06, 2014 10:27 am

You can't SAY anything negative... but you can let them know, believe me Your potential employer is doing a couple of things with a reference check. First, she's verifying your work history, to make sure you actually have the experience you say you have. Your past employers can give your dates of employ and job title or titles. If your resume says you worked as a Lawyer for 6 years at a particular firm, and it turns out you were a legal transcriptionist for 2 years, don't count on getting the new job. Second, they can ask if you're eligible for re-hire at your last job. If your last employer says that you're not eligible for re-hire, it sends up red flags. They're hoping that your past employer will say that they wish they still had you working there, and they'd hire you back in a second if they could. That's another point right there. While they can't say anything negative about you at your last job, they CAN say good things. That's what your interviewer wants to hear about you. If one applicant has all neutral reviews, and another applicant has all stunning recommendations from past employers, it makes the hiring process much easier - a great reason to leave all your jobs on the best terms possible! Lastly, they can't say anything negative, but they can really give a bad impression with how they say what they say. For example, imagine if you left a job on really bad terms, yelling at your last boss and kicking over your trashcan on the way out. When an interviewer calls and asks about you, your boss could say very sarcastically, "Oh, Billy, yeah, I remember HIM! How could I forget!" When they ask if you're available for re-hire, all the past boss has to do is laugh. He didn't say anything bad about you, but he really got the point across. Calling past job references can make or break a lot of job interviews, so don't burn your bridges!   MightyCow_DontFollow's Recommendations You're Hired! Interview Skills to Get the Job Amazon List Price: $15.00 Used from: $12.00 Average Customer Rating: 4.5 out of 5(based on 9 reviews) The Art of the Interview: Lessons from a Master of the Craft Amazon List Price: $15.95 Used from: $6.82 Average Customer Rating: 4.5 out of 5(based on 7 reviews) Ace the interview, and they might not even bother to check references. MightyCow_DontFollow 78 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Redman » Thu Feb 13, 2014 7:00 am

It turns out there is useful information to be had I wondered this too, but it is not as pointless as it seems, for several reasons. First and foremost, the prospective employer may want to know if the candidate really worked for the companies they claimed.  A past employer, even one who despises the candidate, will confirm the dates a person worked and the job title(s).  Second, if no information beyond date and job title is forthcoming, that could be tantamount to a negative reference. And third, the past employer may be able to give positive information, which is good for both the prospective employer and employee, although some companies limit all references to dates and job titles, even if they were great employees.  Anyone from such a company will probably describe the policy to the caller so it doesn't come across as negative. The main reason is that people do lie on a resume, and anyone hiring has to have some way to confirm the information that matters to them.  It is not easy to match a person to a job, and every little bit helps. I found some useful information on how to give such references at ehow.com(see links below).  Since it is directed at past employers, it could give some insight into that side of the process. Sources: Talking to employers, http://www.ehow.com/how_4593_give-positive-reference.html, http://www.ehow.com/how_12832_give-negative-employee.html Trebuchet5A 78 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Patrick » Sun Feb 16, 2014 12:31 am

A - To make sure you are telling the truth on your resume/application about your experience   B - To find out what kind of employee you were.  Most will just tell them whether they would rehire you or not, which tells them whether you were a decent employee or not.  You are right they should not by law slander your name but no we would not hire them says plenty and is not slander.  If you were a good employee they can if they so choose to tell them more but that is up to them.    
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Rossiter » Sun Feb 23, 2014 4:02 am

I wondered this too, but it is not as pointless as it seems, for several reasons. First and foremost, the prospective employer may want to know if the candidate really worked for the companies they claimed.  A past employer, even one who despises the candidate, will confirm the dates a person worked and the job title(s).  Second, if no information beyond date and job title is forthcoming, that could be tantamount to a negative reference. And third, the past employer may be able to give positive information, which is good for both the prospective employer and employee, although some companies limit all references to dates and job titles, even if they were great employees.  Anyone from such a company will probably describe the policy to the caller so it doesn't come across as negative. The main reason is that people do lie on a resume, and anyone hiring has to have some way to confirm the information that matters to them.  It is not easy to match a person to a job, and every little bit helps. I found some useful information on how to give such references at ehow.com(see links below).  Since it is directed at past employers, it could give some insight into that side of the process.
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Ajatashatru » Mon Feb 24, 2014 1:32 am

Two Reasons that I know A - To make sure you are telling the truth on your resume/application about your experience   B - To find out what kind of employee you were.  Most will just tell them whether they would rehire you or not, which tells them whether you were a decent employee or not.  You are right they should not by law slander your name but no we would not hire them says plenty and is not slander.  If you were a good employee they can if they so choose to tell them more but that is up to them.     iamhobbit 78 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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Why Do Employers Have To Call Your Former Employers For Refrences?

Postby Avram » Mon Feb 24, 2014 5:28 am

I have heard that there are only two questions they can ask! First off, they call the previous employer to verify that you actually worked there. Anyone can lie on an application.   They can ask: 1. Did this person work there? When did this person work there, [verifying that you worked there when you said you did]! 2. Would you hire this person again? [Really meaning, 'was he/she a good employee]?   They have to know whether or not you are telling them the truth.   That's it, if they ask any more, it is illegal. Sources: A previous hiring team member at work told me!!   LILYGAL's Recommendations American Bar Association Guide to Workplace Law, 2nd Edition: Everything Every Employer and Employee Needs to Know About the Law & Hiring, Firing, Discrimination, ... Bar Association Guide to Workplace Law) Amazon List Price: $16.95 Used from: $8.89 Average Customer Rating: 5.0 out of 5(based on 1 reviews) Fair, Square & Legal: Safe Hiring, Managing, & Firing Practices to Keep You & Your Company Out of Court Amazon List Price: $29.95 Used from: $0.01 Average Customer Rating: 5.0 out of 5(based on 1 reviews) Assessing Your HR Policies And Practices: Compliance With State And Federal Employment Laws Don't Buy the Lie: Discerning Truth in a World of Deception(invert) Amazon List Price: $9.99 Used from: $0.99 Don't Lie to Me Used from: $1.12 Average Customer Rating: 5.0 out of 5(based on 1 reviews) LILYGAL 78 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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