July 2013 Newsletter
Tip of the Month
Each month Human Resource Solutions sends out a newsletter with the latest advice for employers.
The topic this month gives advice on how to effectively check references of potential employees.
Each month Human Resource Solutions sends out a newsletter with the latest advice for employers.
The topic this month gives advice on how to effectively check references of potential employees.
How to Effectively Conduct Background Checks
Applicants' resumes and application forms often contain misrepresentations. We want to make sure you are fully informed before making any hiring decisions. A carefully conducted reference check can reduce turnover and training cost, as well as prevent lawsuits. Here are three tips to remember:
1. Have All Applicants Sign a Release
A signed release is generally required before an employer can use a third party to conduct background checks. But, even if you are conducting the background checks yourself, having the applicants consent will shield your company from potential lawsuits (defamation claims, as well as other tort actions). The consent form should include language that releases your organization, and its agents, as well as former employers and reference givers, from any legal liability that may result from the checks.
2. Minimize Resistance
A candidate's references, especially former employers, are usually guarded or even defensive during reference checks. Many previous employers will only release the "name, rank, and serial number" of former employees, because they have the misconception that this will shield them from legal claims (when actually, if they fail to tell a negative characteristic of an applicant that they know is true, they are actually putting their company at risk).
You should inform the reference at the start of your conversation that you had the applicant sign a form which released the reference from any and all liability. If the reference request proof, you can fax or scan the signed consent form to the reference giver, but make ensure that no confidential information is on the release you send them. Also, it may be beneficial for the interviewer to "break the ice" with the reference by sharing information about him/herself as well as the organization, and the job the candidate has applied for.
3. Keep Questions Pertinent and Document Responses
It is important to have a list of standard questions to use for all reference checks for a specific job. This way the interviewer will not ask about items that are not pertinent to the job. Many of the questions should be open ended; this will give the reference opportunities to tell you more information about the candidate. While some questions should be specific, for example questions regarding performance issues, disciplinary actions, and reasons for leaving.
Finally, it is important to document your discussions with references, even if your documentation is limited. This will help protect your company against negligent hiring, defamation, and other legal claims.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
Applicants' resumes and application forms often contain misrepresentations. We want to make sure you are fully informed before making any hiring decisions. A carefully conducted reference check can reduce turnover and training cost, as well as prevent lawsuits. Here are three tips to remember:
1. Have All Applicants Sign a Release
A signed release is generally required before an employer can use a third party to conduct background checks. But, even if you are conducting the background checks yourself, having the applicants consent will shield your company from potential lawsuits (defamation claims, as well as other tort actions). The consent form should include language that releases your organization, and its agents, as well as former employers and reference givers, from any legal liability that may result from the checks.
2. Minimize Resistance
A candidate's references, especially former employers, are usually guarded or even defensive during reference checks. Many previous employers will only release the "name, rank, and serial number" of former employees, because they have the misconception that this will shield them from legal claims (when actually, if they fail to tell a negative characteristic of an applicant that they know is true, they are actually putting their company at risk).
You should inform the reference at the start of your conversation that you had the applicant sign a form which released the reference from any and all liability. If the reference request proof, you can fax or scan the signed consent form to the reference giver, but make ensure that no confidential information is on the release you send them. Also, it may be beneficial for the interviewer to "break the ice" with the reference by sharing information about him/herself as well as the organization, and the job the candidate has applied for.
3. Keep Questions Pertinent and Document Responses
It is important to have a list of standard questions to use for all reference checks for a specific job. This way the interviewer will not ask about items that are not pertinent to the job. Many of the questions should be open ended; this will give the reference opportunities to tell you more information about the candidate. While some questions should be specific, for example questions regarding performance issues, disciplinary actions, and reasons for leaving.
Finally, it is important to document your discussions with references, even if your documentation is limited. This will help protect your company against negligent hiring, defamation, and other legal claims.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
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