Reference Checks

The two primary pitfalls to avoid are (a) providing information to anyone not considered a “person with an interest” (California statute), and (b) providing positive information without disclosing significant negative information (California case law). A “person with an interest” is defined as someone who is in good faith considering hiring your employee, or is from a licensing agency. You should never give out information if you have reason to believe that the person is not who they say they are or if they are merely curious about an employee. Recent California case law has held employers liable for providing positive feedback to a future employer,Read More →

California statute provides a qualified privilege for information given to potential employers or licensing agencies who contact the County seeking information. A qualified privilege means that no damages can result from your action, provided that you are not found to have been malicious. In addition to the guidance in Section A above, the following criteria must also be met: Any statement you make must be made without malice. You and the County would be at peril if it could be shown that any statements which you made were made out of ill will toward the employee, if you lacked reasonable grounds for believing your statementsRead More →

We recommend that the following guidelines be followed in responding to employment questions: If you have any reason to believe that the person requesting information is not a potential employer or a licensing agency, do not give out information. Provide information only in response to a verbal or written request for information. Do not volunteer information without a request for such information. Do not give out any information that is not accurate, factual, and documented in the personnel file. If you do provide information, you must provide any significant negative information as well as positive information. (This point is explained in greater detail in sectionRead More →

When considering someone for a position, you need to consider several factors and determine critical background areas for the position. For line staff, suggested areas include: Job knowledge/duties performed Quality and Quantity of Work Work Habits/Attendance Interpersonal Skills Initiative shown/Decisions made Corrective/Disciplinary actions Relationship with supervisors and management personnel General conduct (type of behavior) For supervisory/management positions, suggested areas include: Job knowledge/related accomplishments Reasons for prior job changes Management style Personal attributes Strengths Areas for improvement Relationships with direct reports Guidelines for conducting reference interviews for applicants are: Prepare your questions in advance. Use a format that will facilitate note-taking. Let reference know that informationRead More →