Reference checks...

hr92175

I received a resume for an open position and the candidate listed references on his resume. The hiring manager asked if I would check one of his references, but I prefer not to do that unless the candidate has an application on file. Are there any legal issues with check references prior to a candidate completing an application?

stilldazed

I'd like to hear from other forumites, but my experience is that the legal issue is what you do with other applicants and the precedent you may be setting.

Reference checking has some gray area to it with respect to just how much information you can without the individual's authorization. A resume does not give you authorization, but depending on past practice at your organization, a resume also may not be an application for employment. If you haven't accepted one in the past in lieu of an application, you would be hardpressed to not do so again after doing so with this one.

As for the reference verification, you can generally request easily attainable info--hire dates, term dates, positions held--without the person's authorization, but much beyond that starts to encroach on the person's privacy and should be reserved until after an offer for employment has been extended and after the individual knows and authorizes that it is OK for you to be checking. Further, hopefully your application requests whether the applicant authorizes your contact with a current employer. Some folks refuse to allow such contact, and if your current situations happens to be one who would not allow it, doing so without authorization could certainly set you up for a headache.

You can accept a resume as an application, and by doing so the individual who is simply making an inquiry and submitted the unsolicited resume becomes an applicant if you have an advertised position. The change in status from an inquiring individual to an applicant moves that person's situation into the scrutiny of DOL, which means that you must consider the ramifications of not accepting resumes from others. My input is that is always best to collect an application. Explained as a step to minimize risk, your manager should understand and support your role in the process.

As a caveat, resumes are pictures that individuals offer of themselves. They can be very revealing, but they can also be very biased. There are no questions to answer and nothing to hold the individual accountable for the information contained on the resume. You would have little grounds for misrepresentation if you find the information to be false unless you get a certification that the infomration is true, correct, and complete.

best wishes

joannie

We do not accept unsolicited resumes. And, I never check references until I have a completed company application on file.

I know we repeat this a lot, but, whatever you choose to do, be consistent.

Cheryl S SPHR

I too would not check references without an application for a current opening, plus an authorization to do background checks.

hr92175

Thanks for the advice everyone!

lrobb

Our authorization to do reference checks is on our application. So I don't check references without the application. Also our application has a spot to check if the applicant doesn't want us to contact their current employer.