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Neutral Reference Check Work-Arounds

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Our company has come across a number of former employers of our job candidates that give awfully neutral references (we know that this is because of the fear of defamation lawsuits). Can you provide any tips to help us get a really honest and in-depth reference-check from a former employer?

You are most likely right that many employers will avoid answering questions that could potentially set them up for a lawsuit from their former employees. More and more, employers are pleading their Fifth Amendment rights rather than give a bad or sided reference for an employee that they would actually not recommend.

Employers, including you, are set up for wrongful termination suits, slander, and defamation lawsuits if they talk candidly about an employee, even if what they say is truthful. While many states do have legal protections for employers that are willing to give references that are accurate, many companies have decided to include into their blanket policies that all HR representatives and supervisors should give neutral references, no matter how they might feel about a particular employee. When a company has a neutral reference policy, then the only information you can get about the employee is the name, title, and employment dates. Other information, such as candid comments, will be prohibited by the company.

Here are a few tips to help you work around those neutral reference policies so that you can get more information than simple facts about a person:

Always verify the title and former employer for your candidate. You can do this by asking for a business card.

You are entitled to ask for a check stub so that you can confirm the salary that the candidate received.

Ask if the candidate will be willing to share a performance evaluation from the previous place of employment. If so, then review the evaluation.

If the employee lists only one reference for the company, obtain the contact information for the manager or supervisor that oversaw the candidate. Sometimes, these individuals will also be subjected to a neutral reference policy, but sometimes you can also get more information from the.

You can leave a voicemail for references asking them to call you back only if they would strongly recommend the candidate. If you do not receive any voicemails, then you might have an indication that the candidate is not the best. However, do not rely on this system and always trust your instincts. However, if all voicemails are returned, you know that the candidate is well-liked and recommended.