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A lot of companies now use an outside source such as " The Work Number" Equifax Verification Services | Instant Online Verifications which handles all the reference checks so companies avoid any liabilities when some one bad mouths you. ( Which is illegal in California ).
These companies release limited info, usually in regards to start/ stop dates and wages. Several companies now use these outside sources and refuse to take reference calls, you get the employer code and employee code to access info.
Although most of the above post is accurate, it is not illegal in California, or anywhere else, to give a bad reference. The poster used the term "bad mouth". Merriam-Webster defines "bad-mouth" as " to say negative things...to criticize".
So long as the negative things are true, saying them is not illegal.
Although most of the above post is accurate, it is not illegal in California, or anywhere else, to give a bad reference. The poster used the term "bad mouth". Merriam-Webster defines "bad-mouth" as " to say negative things...to criticize".
So long as the negative things are true, saying them is not illegal.
Exactly. This is one of the most continuously repeated fallacies where employment laws are concerned. If you let an employee go for gross negligence, theft, poor work/habits or anything else which negatively affected your business or other employees you absolutely CAN go into detail as long as you have the proof!
2. As many do, he assumed references (including past employers) wouldn't be checked.
By law, he was probably required to list the company as part of his work history. However, knowing that he has embezzled money from the company should have given him a clue that a good reference wasn't forthcoming. It was in his best interest to have a spotless work record after that so more recent references would be more positive. Depending on the type of position, though, embezzlement is usually a big no-no and cause for not hiring/immediate termination.
Then 62% of people aren't that bright. Who would ever give out a reference that had even a 1% chance of giving them a bad reference?
You'd be surprised ...
It does however, bring up the question of "references". They CAN be former employers but on an application are generally separated from the previous employers section. I usually listed references as people who were NOT my employers but business people with whom I interacted on both a professional and personal level.
As an employer I did check those adjunct references as well as previous employers and where the latter is concerned came up with a couple of real doozies. Why on earth would you even list as a previous employer someone for whom you only worked a very short time and who fired you for (best case) total incompetency and (worst case) stealing? And don't give your old Aunty Maisie (who loves you despite all) as a personal reference. Knowing what a lovely child you were and what a fabulous adult you've become really doesn't help me!
My coworker gave a mutual friends of ours bad reference and the guy didn't get the job because of it. He really wanted and needed this job and I said good things about the guy based on what I know about him. The manager who was interviewing him told me that my other coworker didn't speak well of him so they went on that. The other guy was working there longer than me, so maybe he had more clout. However, he doesn't know that the manager told me what he said and acting like he doesn't know why our mutual friend didn't get the job. The guy couldn't believe he didn't get the job because everything was going well and ask me what went wrong. I never told him what his so called friend said nor did I let the other coworker know what the manager told me. Believe it or not some people just don't like to see you get ahead, they will smile in your face and pretend all is well. Then as soon as they get the chance to put you down, they will do just that, thinking you would never find out. That's not right to be that way.
It's not illegal. You can't be arrested for giving a bad reference. It's a civil matter.
And you can give bad references as long as it's true. you were caught stealing on camera and confessed? They can say that. You fail your post-accident drug screen? They can say that too.
If you give false information then you can be sued in civil court for libel or slander depending on how you gave out that information.
The data seems accurate to me when you consider two things:
1. Many/most people never ask permission before using someone as a reference, assuming they will get a good one.
2. Those checking references will take lack of information as negative and read into the answers, resulting in a negative reference. For example, I call and ask if the person was a good worker and they reply "I'd rather not say" or "uh, we don't disclose performance information."
When there is a company policy, that is usually stated up front. When told they are calling for a reference the person will normally say something like "we only give out employment dates and job title." When the person answers some questions but not others it looks like they just don't want to say something bad.
Agree. And I'll add one more - "are they eligible for rehire?" No. Has a negative connotation. But many companies just won't rehire anyone who has left. For a myriad of reasons that have nothing to do with job performance.
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