WEBVTT

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You hear about people
being hired and

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then it turns out they lied about their
education and job experience..

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you know,
things like that.

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So, you want to check out
references, right?

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But privacy is a big
deal these days.

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So, just how far can I go
with reference checks?

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Let's face it.

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Studies show that at least
thirty three percent of

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all resumes
contain fabrications.

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So, checking out
references and doing

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thorough background
research on a candidate

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is becoming more
and more important.

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Every day, organizations
come under fire

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for hiring people with
a past the company could

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and should have been aware of.

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However, overly intrusive
background checks

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may bring up issues of
defamation, invasion of privacy,

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and violations of
the Fair Credit Reporting Act.

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So, how do you successfully
walk that line between

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adequately
checking references

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and invading
a candidate's privacy?

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I always recommend that
you have every candidate

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fill out an employment
application

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and then sign a consent form

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giving you permission
to check references.

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The consent should be worded

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so that it makes it clear
that the candidate agrees

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they're not going to hold you

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or the reference liable for anything
the reference might tell you.

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That signed consent
to a reference

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is a great way to help
you get past the -

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"All I can tell you is she
worked here" - response.

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When you do talk with references,
keep your questions job-related;

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things like skills, experience,
attendance,

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that sort of thing.

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Stay away from any kind of personal
information questions.

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Also, be consistent
in the number of references

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you talk to for each candidate
for the same position.

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That's important because if you
only talk to one reference

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for candidate A,

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but five references
for candidate B,

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believe it or not- that could lead
to a claim of discrimination.

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You also want to ask
the same questions

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of all references for all
applicants for the same job.

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Some organizations
have done internet

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and social media searches
on applicants.

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Some have even
required applicants

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to allow the employer
to access their accounts,

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which otherwise would
be private.

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Now some states have
held that's illegal,

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and I certainly don’t
recommend it.

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But is it okay to just do a general
search and see what comes up?

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Legally, employers should
not take any adverse action

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against employees or
applicants for off-duty activity

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unless it is job-related.

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So if you find an applicant

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is publicly making disparaging
remarks about their organization’s

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leadership or customers,
posting confidential information,

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or other unethical
conduct related to work,

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that is something you
can consider

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as part of your
decision-making process.

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Another way to end up
in hot water

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is pretending to be someone
other than yourself.

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when talking with references.

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For example, don't pretend
to be an old friend or relative

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in order to solicit personal
information about a candidate

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Yeah, hey!
This is Mike Cornel

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and I'm in town for
a couple of days and

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I actually went to college
with Ed Richards...

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so I thought maybe
he'd be available for lunch.

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Really?

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He doesn't work
there anymore?

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Well, last time
I checked, he did.

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What happened?

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And while I'm
thinking about it -

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if you need to check on a candidate's
criminal record or credit history -

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it's one of those "don't try this
at home kinds of things."

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To begin with, you must get
the candidate's written permission

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to check a credit history.

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And for both criminal
check or credit history,

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you are limited in what situations
you can get this information

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and when you can use it.

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My advice is to always
get an organization

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who specializes in those areas
to conduct the checks for you.

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Believe me, it will be well
worth it in the long run.