Reference Check Secrets: What Past Employers Can Legally Share
When it comes to landing a job, a reference check can be a crucial step in the hiring process. Potential employers want to ensure they are making the right decision by checking in with past employers to get a sense of your work ethic and capabilities. However, many job seekers may wonder what exactly their previous employers are allowed to disclose during a reference check. Are there any secrets that past employers may not know they are legally sharing? In this article, we’ll uncover the truth about reference check secrets and what past employers are legally allowed to share.
The Importance of Reference Checks
Before we dive into the legalities of reference checks, it’s important to understand why they are necessary. Reference checks provide employers with valuable insight into a candidate’s past work history, performance, and character. This information can help employers make informed decisions when it comes to hiring the right candidate for their company.
What Information Can Employers Share During a Reference Check?
So, what exactly can previous employers disclose during a reference check? The short answer is: it depends. In the United States, there are no federal laws that restrict what a previous employer can disclose during a reference check. However, some states have laws that limit what information can be disclosed. For example, in California, employers can only confirm dates of employment, job title, and salary information.
In general, most employers will stick to giving basic information, such as job title, dates of employment, and salary. They may also mention any notable achievements or accomplishments during their time working with the individual. However, these details can vary depending on the company’s policies and the relationship between the employer and the candidate.
The Role of Consent
According to the Fair Credit Reporting Act (FCRA), employers must obtain written consent from the job seeker before conducting a background check or contacting references. This means that if you have not given permission for previous employers to be contacted, they should not be sharing any information during a reference check.
However, keep in mind that employers are not required to obtain consent if they are contacting references from a public source, such as a company website or LinkedIn profile. So, it’s always a good idea to have a list of trusted references that you have given permission to be contacted by potential employers.
The Role of Character References
Some job seekers may think that including a personal character reference on their resume will give them an advantage during the hiring process. However, character references may not hold as much weight as a professional reference from a previous employer. In fact, some companies have policies against accepting character references and may not even contact them during the hiring process.
What Employers Cannot Share
While there are limited restrictions on what previous employers can disclose during a reference check, there are some things that are off-limits. Employers cannot legally share any information that could be considered discriminatory, such as race, religion, marital status, or disability. They also cannot disclose any information about medical conditions or workers’ compensation claims.
Additionally, employers are prohibited from sharing any false information or making malicious statements that could harm the job seeker’s chances of getting hired.
What Can You Do if You Think Your Employer Shared Inappropriate Information?
If you suspect that your previous employer shared inappropriate information during a reference check, there are steps you can take. First and foremost, remain calm and professional. Contact the previous employer and politely inquire about what information they shared during the reference check. If you feel that the employer shared something that was not truthful or was discriminatory, consult with a lawyer to see what actions can be taken.
In Conclusion
Reference checks are an important part of the hiring process, and it’s essential to understand what information employers are legally allowed to share. While there are limitations on what can be disclosed, it’s always a good idea to have a conversation with your previous employer before listing them as a reference to ensure they are comfortable sharing information about your work history.
Remember, it’s important to have a positive and professional relationship with past employers. Keeping in touch with them and having open communication can help ensure they have nothing but positive things to say during a reference check. With these secrets revealed, you can feel more confident in the next reference check that comes your way.
