Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

HR Question?
Find answers to your legal question.





HR Question?

Hey just a quick question on reference checks. What questions can they ask for personal or work references. I was told it could only be 3 things.
1) Did employee X work for you
2) Wage verification
3) Would you rehire

I have been asked a multitude of questions being that I am a supervisior and am constantly a reference. If anyone could enlighten me I would appreciate it.


    




permanent_denial
Rating
I think those are probably the most likely things. I was once a personal reference for a friend, and I was required to give details on her character, what her goals are etc.

I said that sometimes she sets herself really high targets that she can't always meet, when I was asked what her weakest point is. But I said that she doesn't let it get her down and continues to try hard for the next goal.

I guess you can be asked almost anything, usually related to the position though, which is why it's sometimes a good idea to give a copy of the job description to your referees.


hrgirl1701
Rating
Veritas,

There is no legal precedant for saying they can only ask for certain information. In truth, they can ask for as much information as you like so long as it's not protected health information. But the question is....how much information does your company wish to reveal?

The liability comes when too much information is given. Generally speaking, most companies are limiting their exposure by giving only dates of hire and pay rate. Some don't even tell whether they would re-hire or not, since if they say "no", this could be taken as a negative job reference.

The best way to handle this would be to contact your local HR department and ask them for the guidelines.

ALWAYS make sure you have at the very least a signed release from the employee who is being asked about. In other words, don't just tell anyone their date of hire, pay rate, etc. Make sure they fax you a signed copy of a release from that employee which gives permission for you to release the information to them. This goes for current employees too who may need employment verified for credit purposes.

I hope this helps!


Mel
Rating
There is a difference etween a verification and a reference. A verification simply "verifies" the employee's previous work history: Title, Dates of Employment, Wage at Time of Termination, and Eligibility for Rehire.

A reference has more to do with the employee's job performance - were they a good worker, how was their attendance, what did they not do well, and so on. Many companies these days prohibit giving references on former employees due to legal complications that can arise; however, it is not illegal for a company to attempt to get a reference on a prospective employee.

Hope this helps - good luck.


Jeff S
I believe they can ask you employment time and title. I would stay away from the " would you rehire" question.

Too much of a liability.

Wages can be proven by paystubs and W-2's your company provides.

Best advice, let your H-R department, Payroll. Personell, or owner answer those questions. Again, a lot of liability for you as a supervisor.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Is this legal for a boss to do this?
the other week i forgot to clock out for a break at work so the boss took 30 minutes pay from me . is he allowed to do this as he couldnt prove i took a break?...


 60 day evaluation - Am I getting fired? Something doesn't add up?
Trying to make a very long story short - So I found out through accident that I am getting a 60 day evaluation. I am a new employee (been here 60 days) and was told at the start of my employment that ...


 Can u get a job when your under 16?
...


 Does any body know if its legal to have camera on secretary while at work?

Additional Details
My boss has a camera and turns it on and records without my consent....


 Can i work in another job while I am signed sick off from my first job?
Please UK only
Additional Details
Have been signed sick off by my doctor in a connection with work related stress in my first job....


 On a resume is it okay for the address portion to have a P.O. box without looking unstable or unprofessional?
...


 Should I quit 4th tier law school to become an actress?
Got a free ride in a 4th tier law school but want to be an actress/model? I've got looks and talent. Maybe no connections/rich parents yet. Currently 2L, should I quit now and pursue my dream (...


 Can they force me..................?
my manager is forcing me to go into their offices for a meeting tomorrow about a problem/disageement with co-workers (co-workers are blaming me for damaging equipment - they are lying, i have to ...


 Is it legal for my employer to ask for a medical certificate stating that I have diabetes?
I have Type I diabetes. I work full time as an assitant manager in a retail store in the mall. Recently my boss asked for a medical certificate stating that I am diabetic. They want to keep it in my ...


 It is illegal in a job interview to ask?
I went on a job interview for a job I am well qualified for. This older man interviewed me and was sort of "friendly" in the way he smiled and talked at first. He kinda was leaning in when ...


 Do we have any lawyers in the house?
Do you know anyone who is looking for a test case?
Additional Details
For an age discrimination ...


 Can you become a Registerted Nurse if you have a felony conviction?
...


 Should you by law be allowed sick days?
also, this job I have just started, does not allow me to leave the building at lunch time, yet I have to take my lunch unpaid. Is that correct???
Additional Details
I only started monday ...


 Should I accept this Law Firm Offer?
I currently am an Attorney working for a Governmental entity making $65,000/year. I have an offer to join a large private law firm making over $130,000/year. At my current job with the Government, I...


 If a person is fired, doesn't the employer owe you an explanation? Isn't there a federal law about this?
Well, after two weeks of completing the employer's required provisionary period, I was fired without explanation. They just said that they're sorry and it didn't quite work out. There ...


 Can a employer cut your hours without consent?
My mother in law has been working for Dunkin Donuts since 1990 and now they have cut her hours from full time to part time (3 days a week). They haven't given her a reason and now I think this ...


 What are the rights of an employee who's stupidvisor want them to do a traing session but on the employee time
Come in an hour early, stay an hour late, or come in for an hour on a Saturday and it would be mandatory. I think this is unfair and should be done on their time not mine. I have been in this ...


 I was dismissed for gross misconduct,my employer has withheld my final pay & holiday pay, is this legal?
I am in Edinburgh, Scotland. I had less than 12 mnths service (10 mnths). I was given no contract/written terms and conditions so I cannot refer to them. I am only assuming the dismissal was gross ...


 Is it......?
is the stuff in all of the movies about lawyers like Legally Blonde true??? Such as the LSATs are those like super hard??...


 How would i become a Lawyer?
Hypothetically how would i start on the road to become a lawyer?...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.094