If you’re like most job seekers, your understanding is that your former employers are only allowed to confirm your previous employment dates and title. Certainly they cannot, and will not, offer negative commentary about you as it would be a violation of corporate policy and (perhaps) be illegal as well.
If this were your assumption, you would do well to think again.
While it’s true that many companies do have reference policies in place that prohibit them from giving out anything but limited, prescribed information, many do not, says Allison & Taylor Reference Checking. Additionally, even companies with reference policies in place cannot ensure that their employees will necessarily abide by such rules. As a consequence, while countless job hunters feel secure in the idea that a former employer will only provide their position title and dates of employment, there’s a very good chance that former employers may offer considerably more than this – including unfavorable commentary that may ensure you’re not hired again anytime soon.
Here are some actual examples of reference responses documented by Allison & Taylor:
We would like to verify that (the candidate) held the position (title) from (dates), is this correct?
- “He was an account executive, not a Senior V.P.”
- “His name doesn’t ring a bell.”
- “I am not allowed to say anything about this person as they were fired.”
Some references will refuse to rank a past employee due to an unfavorable impression:
- “No comment – they could not do anything correctly in the position they held with us.”
- “Let’s save time. Basically, you could rank them inadequate in all areas.”
When questioned about strengths and weaknesses:
- “I cannot think of any strengths, only weaknesses.”
- “Weaknesses seem to stick in my mind … I’d have to really think about any strengths.”
- “I’d rather not comment – you can take that however you want.”
Regarding Eligibility for re-hire: Is this person eligible for re-hire?
- “He is not. I’m really not supposed to say much but he was unreliable and sick at lot.”
- “No, but I can’t say why.”
- “No, it was the departure – kind of burned his bridges when he left.”
- “No, she stole from the company. We have an investigation pending.”
When asked about the reason for employment separation: Could you fully describe the circumstances and reason for the separation?
- “She was fired.”
- “She was let go – she didn’t do her part as expected.”
- “I fired him! He and his buddy had some illegal things going.”
- “It was a rather delicate and awkward situation. You should call her other past employers. I made the mistake of not doing that.”
Responses to questions about performance: References are asked to rank skills on a scale from 1(inadequate) to 5 (outstanding):
- Oral Communications: “Can I give a negative number … -1”?
- Financial Skills: “Well, that’s why our company had a major layoff – left her in charge of finances!”
- Written Communications: “You mean when she finally turned in the reports due a week earlier??”
- Technical Skills: “Is zero in your rating scale?”
- Interpersonal Relations: “He had a problem with a few of the people. I should have ended the relationship just after he started.”
- Productivity: “Is there a rating less than inadequate?
- Employee Relations: “There was a lot of he said/ she said happening with other employees. And other than her leaving, nothing else has changed. We haven’t had any problems since then, so we know she was the source of the problem.”
- Decision Making: “He couldn’t make a decision if his life depended on it!”
- Leadership: “He had no leadership skills.”
- Crisis Management: “He [fireman] totally ignored the emergency call when it came in. He said he didn’t hear it!”
- Short Term Planning: “Lousy – I can’t remember something that was completed on time!”
- Personal Integrity: “I don’t think she had any integrity.”
- Long Term Planning: “He wasn’t here long enough to rate him.”
- Overall Performance: “Inadequate would be a positive word for him!”
- Managerial Skills: “He couldn’t manage a group of children!”
It is not uncommon to contact a reference and find them hesitant, evasive or annoyed by the call. Sometimes tone of voice and inflection speak volumes- many express anger, shock, unhappiness or disbelief that they have been called regarding the employee.
We are calling you as a reference regarding (the candidate).
- “I do not care to comment at all. I let him go and that’s all I care to say!”
- “Are you certain he gave you my name?”
- “Hold on, let me get the legal file to see what I am allowed to say”
- “I’m surprised she even listed us on her work history.”
Allison & Taylor estimates that 50% of their references come back as “lukewarm” or “negative”. In view of the critical employment stakes involved, consider having a simple reference check conducted that will 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, either through a Cease & Desist letter or through more aggressive legal recourse.
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.