Q. Do I need to conduct references for all final candidates?

A. Yes. You should obtain several references for each final applicant and obtain these references consistently and thoroughly. Make sure to ask all references the same questions. Documentation is to be made and maintained on all reference checks conducted (see Sample Reference Check Form). These are to be kept with the appropriate search file.

Q. May I contact someone not listed by the candidate as a reference?

A. If you know someone who worked with the candidate in the past and could provide a reliable reference, you may contact them as a reference however you should inform the candidate that you intend to contact the person.

Q. Can I do different background checks on each applicant?

A. No. All procedures must be applied consistently to all final applicants. Otherwise, you leave yourself defenseless to a discrimination claim.

Q. With whom may I share reference information?

A. All reference information is confidential (as with all other search information) and should only be shared with those directly involved in the search process.  A. All reference information should be maintained in a confidential manner with access given to those on a need to know basis. This is particularly important when receiving information about criminal activity and credit history.

Q. What kinds of questions can I ask during the reference check?

A. You may ask the individual providing the reference any question that you can ask the applicant during an interview. In other words, the guidelines that apply to interviewing applicants also apply to reference checks. All questions should be job-relevant and avoid any topic related to marital status, age, disabilities, race, religion, national origin, sexual orientation, or any other protected information. It is best practice to develop a list of questions ahead of time to be used in all reference checks. Consistency is one of the best defenses against discrimination claims.

Q. Why do I need to conduct reference checks?

A.

Q. What does negligent hiring mean?

A. “Negligent hiring’ is a failure by a prospective employer to adequately conduct a background check. Employers can be held liable for not thoroughly checking reference information. It is important to obtain adequate information to ensure that the new employee does not repeat negative past behavior and create problems on the job.

Q. Should multiple people conduct reference checks?

A. No, for consistency it is best if the same person does the reference checks.

Q. What if the reference does not return my phone call?

A. In cases where the reference does not return your phone calls, contact the candidate and ask that they let the reference know the importance of returning your call.  Or let them provide another reference.