Pre-Employment Referencing Tutorial

Answers to the referencing questions.

Congratulations - you are probably in a very small minority, because most managers, hiring authorities, and human resource personnel believe they know all there is to know about referencing.

1. How much time do you estimate it takes to reference a person with 10 year's of experience and three former employers?

At least 2.5 hours, and possibly 3.5, including: transcribing notes, voice mail telephone tag, dictating the report, typing it, proofing it, and distributing the final draft.

2. If a reference source is uncooperative, what do you think is the best way to proceed?

a. Locate an alternate person within the firm you are calling.
b. If unsuccessful, require the candidate (or request) provide a substitute.

3. Which persons make the best sources for referencing? List in order of importance.

a. Immediate supervisor.
b. Senior manager.
c. Peer

4. Who should be responsible for referencing candidates?

The key point here is that a person other than the one making the final hiring decision asks that hard questions. Remember the barefooted shoemaker!

5. What do you think is the single most important element in the referencing process?

To determine what the person has truly been doing, what he/she is capable of, and whether or not he/she has the willingness and ability to perform the job expected. Getting to the core of a person's past performance is paramount.

6. Does background referencing violate the "right to privacy"?

No. There is no "right to privacy" specifically guaranteed by the U.S. Constitution. Although public (federal, state, and municipal) employers are bound by constitutional restraints, private employers are not. The courts have implied such rights by using the Bill of Rights and by developing a common law right of privacy that basically protects an individual's right to be free from unreasonable intrusions. The right of privacy, as defined by a number of states, requires violation to be a wrongful in trusion into one's private activities, and in such a manner as to outrage or cause mental suffering to a person of ordinary sensibility.

7. Does referencing really work?

Yes, it really does work! Always remember that if you are going to pay someone's salary, benefits, and take on the responsibility for their actions in and out of your company, you have the obligation and right to expect to know what they have done in the past. If the candidate is reluctant to be candid, and puts up barriers against checking the past, you have a serious red flag.

8. Instead of referencing - would it not be simpler and cheaper to polygraph everybody? (Explain why, or why not.)

No explanation needed, polygraphing for pre-employment is against the law!

9. What is the value (cost) of referencing to your company or organization?

The real figure is almost incalculable. It is the sum of: Unplanned turnover, Negligent Hiring or Negligent Retention lawsuits that could have been avoided if referencing had been done correctly, the cost of the labor and outside database information, the result of improved productivity, the result of better morale, and a number of intangibles that make up the culture of an organization. Suffice it to say:"That it is very high". And, from this writer's viewpoint, it should be the heart and soul of any hiring process.

10. Do you believe testing can be a substitute for referencing? Which tests?

Aptitude, personality profiles, and specific skill tests are good, but they should not be a substitute for referencing.

11. Is referencing against the law?

There is no law against referencing; however, there is a law against examining peoples past without their permission. Most employment applications have releases which cover this subject, and the most common law in this regard is the Fair Credit Reporting Act. This law says that if you access Public Information and use this information, which could be construed as negative or having a negative effect in your hiring decision, you are obliged to: first tell the candidate about the information, its source, and allow the candidate to challenge the veracity of the information before the final decision is rendered. The forgoing is a lay explanation of this law. In the reference sources section you can access the act, itself.


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