In my last post I started discussing over-sharers, the person who has not quite mastered the “think before you speak” philosophy, who has yet to realize that “loose lips sink ships.” These co-workers of supervisors can be devastating to your job search. The Professional reference checking firm Allison & Taylor offers three common reference scenarios where references offer too much information, and what can be done:
Scenario #1- An employer calls for information on you, a job applicant aged 40+. In the course of discussion, the reference makes a comment such as “Well, we both know that this industry is a young man’s game- he’s a good worker, but I don’t know how long he’ll stick around- he is 52 years old, after all.”
What can be done: Age Discrimination as defined by the Age Discrimination in Employment Act, relates to individuals 40 years of age or older who have been discriminated against based on their age. These kinds of age-related comments might be considered discriminatory. Depending on the nature of the comment, you may have legal recourse, and a professional reference check from Allison & Taylor is admissible in court.
Scenario #2- After a wrongful termination, a former boss is divulging specific details of your exit from the company. “I fired her. She was stealing from the company.”
What can be done: If your reference is discussing elements of your termination, they are walking a very thin line legally by providing details. If a wrongful termination is established, an employee then has the right to sue his/her former employer for damages.
Scenarios #3– Perhaps due to professional jealousies, a reference provides an unflattering, and untrue picture of your abilities. “Totally inept- he could not do anything correctly in the position he held with us”.
What can be done: There is a very good chance that this type of commentary is prohibited by company policy, and for good reason. Many times a simple Cease and Desist letter will be enough to put an end to these statements.
These scenarios, and many others (see a list of actual comments provided by references here), are unfortunately more common that the job seeker might imagine; Allison & Taylor estimates that 50% of their references can be categorized as “lukewarm” or “negative”.
Don’t allow yourself to be surprised and sabotaged by an unfavorable reference. A simple reference check, conducted by a professional agency such as Allison & Taylor, can tell you definitively whether or not a reference is providing a positive, professional response to inquiries made about you. If they are not, you can take proactive steps to prevent this continued spread of negative information, and you may even have legal recourse.
To find out more about reference checking, please visit Allison & Taylor.