Donna Edwards (not her real name) appeared to be at an employment “dead end”. Unemployed and seeking a new job, she had lost numerous promising job opportunities in her medical-related field even though her feedback from interviews had been stellar. Prospective employers would indicate the job was all but hers and then… the bottom would drop out and these same employers would not return her calls. Donna suspected a bad reference in her background and decided to be proactive in saving her career prospects.
Her first step was to utilize a professional reference-checking firm to document both the verbal input and the tone of voice her former supervisor was using when contacted for a reference about her. As she feared, the reference check feedback revealed that a former supervisor was offering a “blackball” assessment of her, virtually guaranteeing her inability to get any type of future employment. Fortunately, her reference check report was admissible for remedial/legal purposes, and Donna elected to “fight back” to ensure this supervisor would not cost her any more lost jobs.
The reference-checking firm was able to refer Donna to an employment attorney well-versed in cases like hers. After discussing possible legal options, they decided upon a “Cease & Desist” letter, one of the most common remedies for neutralizing a negative reference. The attorney sent a letter to the CEO of Donna’s former employer, identifying Donna’s negative reference by name and the fact that the reference had been documented as offering negative input about her. The letter also indicated that if the reference-giver ever offered negative input about Donna again, legal action would be taken against the firm.
The CEO’s response to the attorney letter was swift. He apologized on behalf of the company and assured Donna’s attorney that the employee in question would never offer a negative reference about her again.
While thrilled with this outcome, Donna was disinclined to leave any stone unturned. She authorized the reference checking company to conduct an additional new check with her former supervisor and found that this second time around, her reference followed corporate policy and would only confirm her former title and dates of employment.
Donna’s scenario and the ultimate success achieved through the Cease & Desist letter were not isolated cases. Allison & Taylor reports that approximately half of all reference checks they conduct reveal negative input from the reference. However, the overwhelming majority of Cease & Desist cases generated from these negative reference checks invariably reflect a favorable outcome. The reason: given a choice between addressing possible legal action against their company, or in discouraging an employee who violated corporate policy (and perhaps local, state, or national law) from ever doing so again, the CEO would unfailingly choose the latter course.
The story has a happy ending – with her excellent job qualifications (and no negative references), Donna was gainfully employed shortly thereafter. When congratulated by a friend on her new employment, Donna responded: “I only wish I had identified, and addressed, my bad reference situation earlier than I did.”
To find out more about reference checking, please visit Allison & Taylor.
Allison and Taylor, Inc. FAQ:
Question:
Will my employment references know that I am having them ‘checked out’?
Answer:
Absolutely not. At no time do we reveal who has hired us to do this research.
Question:
Isn’t it illegal to ask about things other than title and dates of employment during a reference check?
Answer:
No, and that is one of the interesting things about references. It is a private conversation between two people, your past employer and a prospective one. Anything can be said, regardless of what the laws are. Go to your local legislator’s office. They can find the most recent laws for you but remember, every road we drive on has a speed limit. When we are running late, if a police officer is not in sight, we speed. There is not a reference police officer watching over you past employer. Essentially, your past employer or reference can take 5 minutes on the telephone with a total stranger and either increase your chances of obtaining a new position or absolutely ruin them.
Question:
Can I have additional or specific questions asked of my employment references?
Answer:
Custom reports are available for an additional fee. If there is any possibility of litigation, we suggest not to alter our normal course of business as this jeopardizes our unbiased research.
Question:
Who should I list as a reference?
Answer:
When compiling a list of employment references, try to look at it from the prospective employer’s shoes. First, you need responsive people that can confirm that you worked there, your title, reason for separation and other basics. Additionally, you need to list people who can vouch for your level of responsibility and performance. Also consider any party to whom you reported. These individuals do not necessarily have to be named on your list of references, but be assured, if you reported to them, they are likely to be contacted by a prospective employer.
Question:
What if my reference no longer works for my previous company?
Answer:
It is in your best interest to locate your previous supervisors and colleagues. We are not a detective agency, and neither are the prospective employers who will be considering you. Allison & Taylor can simply call your past companies and ask for forwarding information, just as a prospective employer would, but realistically this is likely to go nowhere. You could hire a private investigator or try to do this on your own. Call the company yourself, maybe someone you know is there and they would release the information to you. Can you call former colleagues or clients? The internet is a great source of information, try your own search. The bottom line is that in order for you to compare to your competition for other positions, you need to have your references and past supervisors in order.
Question:
If my employment references are bad, what can I do?
Answer:
A bad employment reference can be strategically dealt with depending on what is actually being said and to what degree things are explained. You need to first determine what is being said before you can develop an appropriate strategy. Depending on what the research reveals as well as the laws within your state, you may be able to take legal action. We suggest taking our report to an employment attorney for proper legal advice. Allison & Taylor, Inc. will be available to supply our research evidence and to testify in support of your situation should the need arise. Although we will not make a referral to a specific attorney, we do suggest finding one through NELA – the National Employment Lawyers Association. Additionally, very good legal advice and information can be accessed at US Law Books.
To find out more about reference checking, please visit Allison & Taylor.