What are the legal questions to ask a previous employer on a reference?

BlackFanatic asked:


I need to check for references.

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7 Responses to “What are the legal questions to ask a previous employer on a reference?”

  1. Raca says:

    What are the dates of employment for this person with your firm?
    What position did this person hold with your firm?
    Would you rehire this person?

  2. elbow17green says:

    Not sure what is legal, but most employers will only verify date of employment and last salary.

  3. tonalc1 says:

    Most companies now limit the information they will provide to the basics, including dates of employment, job title and salary.

    Basically you can only inquire about the person’s ability to do a certain job.

  4. Colin M says:

    No matter what you ask, most employers will give only dates of employment, job title and, possibly, last salary. They will not give a “negative” reference under any circumstances, nor will they comment on the candidate’s ability to do the job.

  5. rwa000 says:

    you can ask anything you want as long as it pertains to the employee and his job, they can answer if they wish to but are no obligation. They tell you everything or nothing as long as it is the truth, work ethic,attendance,pay rate why he was terminated, etc. as Long as it is the truth they can tell you, not personal opinion.

  6. ItsMe says:

    Usually they just ask to verify the dates of employment, the former employees job title and duties, and if they would rehire them. You cannot ask if they were a good emplopyee.

  7. CatLaw says:

    State laws vary about what an employer can say about a former employee — there are no laws as to what a potential employer can ask. Employers who abide by the law usually will just tell you begin & end dates, maybe a title, maybe a salary. Some will answer if the former employee is eligible for rehire, some states do not allow that.

    If you really want to know about a former employee you bypass HR and go directly to that person’s supervisors. While the majority of companies tell supervisors not to talk about previous employees, it is one of those rules that supervisors sometimes break. A supervisor who has had problems with a former employee may let something slip. The worst that can happen is that the supervisor says he/she cannot tell you anything and tranfers your call to HR - who will probably tell you nothing.

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