2014 New CA Laws 2015 New CA Laws Child Labor Contingent Workers Disabilities Discrimination Exempt vs. Non-Exempt Independent Contractors Industrial Homeworkers Interns Leaves of Absence Non-Compete Agreements Personnel Records
Privacy & Monitoring Sexual Harassment Social Media Telecommuting Unions Volunteers Wage & Hour HR Central Home
Privacy & Monitoring Sexual Harassment Social Media Telecommuting Unions Volunteers Wage & Hour HR Central Home
Checking Applicant References
Though there isn’t a specific law requiring that you check a candidate’s references, courts have held employers liable for negligent hiring for certain acts of their employees, which the employer knew or should have known might occur. For example, by initially checking the references of an employee who later assaults someone in your workplace, you could have discovered that the employee had a record of similar assaults.
Your actual ignorance of the employee’s record is unlikely to be a good defense, because with a few telephone calls, you could have become aware of the previous assaults. Even if the candidate’s former employer refuses to give you any information, documenting that you have attempted to check the candidate’s prior work history can fulfill your obligation to avoid negligent hiring.
Use of credit agencies and investigative consumer reporting agencies to check the backgrounds of candidates and employees is regulated by both federal and state law. Use of credit reports is extremely limited.
Obtaining Authorization. If you intend to check a candidate’s references, you should require the candidate to sign a waiver authorizing you to investigate all information he/she submits on a job application. Employment applications should include a basic waiver, allowing you to check past employment, personal references and education. Obtain this authorization before you contact references. The following sample employment applications contain such waivers.
Your actual ignorance of the employee’s record is unlikely to be a good defense, because with a few telephone calls, you could have become aware of the previous assaults. Even if the candidate’s former employer refuses to give you any information, documenting that you have attempted to check the candidate’s prior work history can fulfill your obligation to avoid negligent hiring.
Use of credit agencies and investigative consumer reporting agencies to check the backgrounds of candidates and employees is regulated by both federal and state law. Use of credit reports is extremely limited.
Obtaining Authorization. If you intend to check a candidate’s references, you should require the candidate to sign a waiver authorizing you to investigate all information he/she submits on a job application. Employment applications should include a basic waiver, allowing you to check past employment, personal references and education. Obtain this authorization before you contact references. The following sample employment applications contain such waivers.