REFERENCE CHECKS

Larry · January 2002

I AM THE HR MANAGER FOR A SMALL COMPANY IN GEORGIA. MY QUESTION IS: AN INDIVIDUAL SUBMITTED A RESUME FOR THE POSITION THAT I WAS EVENTUALLY HIRED FOR (THE HR MANAGER POSITION. HE HAS NOW SUBMITTED A REQUEST FOR COPIES OF ANY VERBAL OR WRITTEN REFERENCE CHECKS THAT WAS COMPLETED ON HIM EITHER BEFORE OR AFTER HIS INTERVIEW TO INCLUDE WHAT THE INDIVIDUALS HAD TO SAY ABOUT HIM AND WHETHER OR NOT THOSE REFERENCE CHECKS INFLUENCED THE DECISION NOT TO HIRE HIM. I HAVE NEVER SEEN HIS RESUME AND DO NOT KNOW WHETHER OR NOT HE GAVE PERMISSION TO CONTACT FORMER EMPLOYERS, ETC. ARE WE LEGALLY OBLIGATED TO PROVIDE COPIES OF THE INFORMATION THAT HIS REFERENCES SUBMITTED TO THE COMPANY ESPECIALLY IF SOME OF THE INFORMATION MIGHT BE NEGATIVE?

Nick · January 2002

We have a policy of not discussing company decisions with non-employees. I am not aware of any law that would require you to do so at the inquiry stage.

Cathie · January 2002

Not only are you not required to allow him to see the references you may have received on him, in some states you are legally barred from showing them to him.

Cheryl S SPHR · January 2002

I think you need to check out the law in your state. In SD, an applicant is entitled to copies of written references under state law.

Gar · January 2002

I agree with Cheryl. What do the laws in your state prescribe? With that said, if you don't have to give him the info, don't do it. To do so is to open a potential can of worms.

David Hagaman GA · February 2002

I do not know of any requirement in GA for you to furnish copies of the reference check notes or any other information on the applicant. In a lawsuit alleging discriminatory hire, you would be required to produce those documents in discovery.

CeliaTen · February 2002

In the DC area, you are required to provide the names of references checked and any information that was acquired during the reference check to candidates who have been presented for positions and declined for employment.

It makes sense to check the laws for your jurisdiction.

Kenai · February 2002

There should have been a form that the candidate signed which allowed you to go to former employers or others for background check. It is my understanding that he is allowed to get copies of that information. If you used a third party to check references, it is usually easier to provide information and stay apart from it. I would say that if a decision was made on other factors and not reference check alone you are OK.If you want more info call at 907/776-3025.
Sal M

Don D · March 2002

There seems to be quite a range of conflicting state statutes on this one. In the absence of a subpoena duces tecum, and then only after instruction from your attorney, I would not reply to this request. I cannot imagine DC area employers being required to respond to any non-selected applicant's request for the information in your files regarding all your reference checks. It's employer-unfriendly laws like that that keeps all of us running gun-shy when it comes to giving reference comments other than name, rank and serial number. If references were run on this guy, that indicates he was interviewed and probably was a contender at some stage or they would not have run the reference check, right? I would at least prepare to the extent of asking the hiring official at your company to recall why this individual was not hired. The EEOC or Labor Division in your state may ask the same question sooner or later if he files.

REFERENCE CHECKS

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