Reference Checks

joyce

One of my supervisors interviewed an applicant and checked her references without receiving written permission. I advised her she needs to have written authorization before checking references. Who is correct me or her? I am in NJ.

Down_the_Middle

If it's a matter of who is right or wrong, your organizational policy should answer that question. Does your application form grant permission (in the fine print?) I'm not aware of any federal statute that requires employers to get employee authorization, altho that is certainly the standard practice. If NJ doesn't have any immunity laws covering the prospective and current employer, an "unauthorized" reference may be a problem to the applicant and that person may allege all kinds of damage due to the telephone reference. Most employers will not release reference info w/o the employees authorization, but we all know that it does happen. Sounds to me as tho the Supervisor simply needs to understand why ref's should only be conducted with applicant approval. It's much safer-----for all parties.

DB

Take a look at the Fair Credit Reporting Act. It requires permission from the applicant for certain background checks (much more than just credit checks). Any fine print on your application could meet the requirement also, but again it's safer to have a specific release from the applicant.