Many job seekers are aware that when a former employer offers negative input about them, such commentary can be illegal. Some examples include discrimination, defamation of character, and wrongful discharge. But what happens when their negative commentary isn’t illegal according to state or Federal law? Does this leave the job seeker without recourse, doomed to endless unemployment due to a key reference who can’t be removed from a prospective employer’s “radar”?
Fortunately, the answer is an emphatic “no”. However, the first step is to ensure that a reference(s) is indeed problematic by utilizing a professional reference-checking firm to document both the verbal input and the tone of voice being offered by your reference. Once a problem reference has been confirmed, the reference-checking firm can identify an employment attorney well versed in assessing possible legal options. Foremost among these – particularly when the negative input does not constitute a violation of state or Federal law – is a “Cease & Desist” letter. Such letters are typically sent by attorneys to the CEO or senior management of the firm where the negative reference is employed, identifying the negative reference by name and the fact that the reference has been documented as offering negative input about the job seeker. The letter also suggests that if the reference-giver continues to offer such negative input, legal action would be contemplated against the firm.
Allison & Taylor reports that while approximately half of all reference checks they conduct reveal negative input from the reference, 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 the alternative of discouraging an employee who violated corporate policy (which typically states that employees will either refer any reference requests to Human Resources, or will only confirm employment dates/title) from ever doing so again, the CEO invariably chooses the latter course.
Further, Allison & Taylor conducts an automatic “re-do” of their reference checks as part of their Cease & Desist offering. They advise that the number of previously negative references who continue to offer unfavorable input the second time around, is miniscule. Instead, the references offer a “neutral” reference (confirmation of dates/title only, or referring callers to Human Resources where such input is offered) that will not be problematic for job seekers.
So, the story can – and usually does – have a happy ending. Be sure that you know what your key references are saying about you, and – if it’s less than flattering – take the steps above to ensure that a poor reference won’t cost you future employment opportunities.
Top 5 Reasons You Should Have Your References Checked
- The company’s comment policy may not be what they think it is. A countless number of our clients confidently say, “They won’t tell you anything, it’s against policy.” Many people assume that an employer can’t or won’t say anything, and are unpleasantly surprised to find out this is not the case. Employers frequently say unflattering things about former employees.
- Their reference may not be saying what they expect. A lukewarm reference can be just as damaging as a negative one. If your reference is anything less than glowing, they are damaging your chances of landing that job, not helping it. They need to know that that person is doing everything possible to make a positive impression for them. Otherwise, it’s time to rethink their references.
- Their information may not match the HR records. In many instances, we find that the employer has different employment dates, position title, or supervisor listed that what the employee has presented. This type of discrepancy may suggest that they are being less than truthful about their former position’s title or responsibilities.
- They may have been omitted from the HR records entirely. This happens more often than people might think, especially in the case of mergers, where not all records make the transfer into a new system. It’s also frequently the case with the self-employed; many companies do not hold records for a contractor in their HR system. It’s not a good thing when an employer calls and is told that there is no record of someone ever having worked for their company.
- Their reference contact may no longer work for the company. Many job-seekers make the mistake of not staying in close contact with the person they intend to use for a reference. Your readers need to be sure that that person is still there to respond to inquiries. If the reference is no longer there, a reference checker may be shuffled though the system and end up with someone who won’t cast them in such a positive light.
Throughout Allison & Taylor’s 30 years as a reference checking and reference consulting company, we have heard it all… discrimination in many forms, references explaining the relationships / sleeping habits of former employees, HR Managers refusing to comment until the “litigation is complete” and Board Members who say “Are you sure he listed me as a reference?”
For further details on services and procedures please visit www.AllisonTaylor.com.