Guide to Reference Checking Office of Human Resources Employment Services

Guide to Reference Checking Office of Human Resources, Employment Services 250 Northwood/High Building 2231 North High Street Columbus, OH 43201 614-292-9380 614-688-3730 TDD employment@hr.osu.edu Guide to Reference Checking The following quick tips and reference checking guidelines are designed to assist you, the hiring manager, in making accurate and effective hiring decisions. The guide provides you with answers to frequently asked questions, the legal aspects of reference checking as well as best practices information and tips particular to The Ohio State University. In addition, this guide contains a sample form that you can tailor to your own needs when conducting telephone reference checks. Now you will have at your fingertips some basic tools to get you started on your quest for the best qualified candidate. This guide is primarily intended for managers who are hiring for unclassified and classified civil service positions. For information on hiring for faculty positions please refer to the university publication, A Guide to Effective Searches. Contents Legal Aspects of Reference Checking 3 Best Practices 5 Reference Tips for OSU Internal Promotion/ Transfer 6 Steps to Follow When Contacting References Sources 9 Telephone Reference Check Candidate Tracking Form 10 12 8 Contact Information Office of Human Resources, Consulting Services Office of Human Resources, Employment Services (614) 292-2800 (614) 292-9380 employment@hr.osu.edu Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 2 of 13 Legal Aspects Following are frequently asked questions regarding references: Q. Do I need written consent to check references? A. When requesting references it is recommended that written consent be obtained from the candidate. Candidates should sign a release directed to their current or former employer relieving the employer of any liability in providing reference information. However, reference checking should be conducted regardless of whether or not a written consent is obtained. If you desire to contact the current employer, discuss this option with the candidate. The original OSU application includes a candidate’s written authorization that serves as consent. Q. I have heard the term "defamation of character." What does that mean? Can you provide some examples? A. Defamation of character is communication to another of information, which is false and injurious to the reputation of an employee or former employee. Employers may and should provide truthful reference information without fear of liability if the information is factual, without malicious intent or discriminatory. Examples of defamation of character: False information about an employee’s prior job performance is given to a prospective employer. False information about an employee’s character, credit worthiness, or criminal record. Q. I have also heard the term "negligent hiring." What does this term mean and can you cite any pertinent case law? A. "Negligent hiring" is a failure by a prospective employer to adequately check references or to gather relevant information. Employers can be held liable for not thoroughly checking reference information. It is important to obtain adequate information to ensure that the new employee does not repeat a negative past behavior pattern and create problems on the job. Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 3 of 13 Ohio Case Law example of negligent hiring: Stephens v. A-Able Rents Co., (Cuyahoga Ctn. 1995), 101 Ohio App. 3d 20. The employer, A-Able Rents, hired an individual, Taylor, to deliver furniture to customers’ homes. A-Able Rents did not perform a reference check of any kind before hiring Taylor. While working for A-Able Rents, Taylor assaulted Marie Stephens, a female customer. Had A-Able Rents thoroughly examined Taylor’s job application, it would have discovered that he claimed to be working for two different companies in two different states at the same time; and that he had admitted to using crack cocaine at his former job. A-Able Rents claimed that had it known of Taylor’s prior drug use, it would not have hired him. The court found that A-Able Rents could be liable for the negligent hiring of Taylor, stating: " By its own admission, A-Able Rents stated that had it known of Taylor’s abuse it would not have hired him...Consequently a reasonable jury could have found that the failure to inquire into Taylor’s employment history before hiring...may have proximately caused that attack on Marie Stephens. Taylor was in Marie Stephen’s home to provide work for A-Able Rents. Had Taylor not been an employee, this attack would not have happened." Accordingly, in order to minimize the risk of a negligent hire, Ohio employers should carefully conduct reasonable reference checks of prospective employees. Q. Who should I share reference information with? A. All reference information should be confidential with information access limited to those within the organization with a need to know (e.g., hiring manager or administrator). Q. Does the law protect an employer who provides references? A. Yes. According to Ohio Reference Law-4113.71, employers are not liable when they provide truthful information pertaining to employee job performance unless the employer disclosed particular information with the knowledge that the information was false, with the deliberate attempt to mislead the prospective employer or another person, in bad faith or with malicious purpose. The employer may also be found liable if the information constitutes an unlawful discriminatory practice. Q. What kind of questions are illegal? A. Caution: The discrimination laws that apply to interviewing also apply to reference checking. In order to avoid claims of discrimination, decisions based on references should be made based on objective facts. Do not probe into marital status, age, disabilities, race, religion, or national origin. Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 4 of 13 Best Practices Following are some frequently asked questions regarding best practices for reference checking: Q. Should I check references for all final candidates? A. Yes. The process should be handled consistently and thoroughly for all applicants who are under serious consideration in the interview process. Obtain several references for maximum objectivity. Plan and ask the same questions of each reference source. Documentation should be maintained on all reference checks as part of the selection process materials. Q. Who should I contact? A. The most common reference sources are current or former supervisors, project colleagues, peers or customers. Use of personal references is less preferred because they probably won’t yield objective information. Q. How should I contact references? A. The most effective approach is to contact the reference by phone or in person. Writing to the reference contact is usually not effective and typically yields little information or no response. The supervisor or a member of the search team should conduct the reference interview. Q. What should I consider when planning my questions? A. Based on the determined job competencies, and information obtained during the interview, create a written reference guide to ensure consistent questioning and to target the issues you seek to clarify. Consider the recency of the position and similarity of duties to the vacancy. Q. Should I have the reference check completed before offering a position? A. Yes. The best practice is to check references before making a job offer. Otherwise, departments should consider making a job offer contingent upon obtaining satisfactory references. Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 5 of 13 OSU Reference Tips for Internal Promotion/Transfer Following are some frequently asked questions regarding reference checking of OSU employees: Q. Can I contact the candidate’s present OSU supervisor? A. Yes. The original OSU application includes a candidate’s written authorization that serves as consent for reference checking. As a courtesy, inform the candidate that he/she is being seriously considered and that you will be contacting their current OSU supervisor. Q. What if the candidate objects to your contacting their supervisor? A. Be sensitive to the candidate’s wishes and thoroughly discuss options of other suitable references from the current job such as colleagues with whom they worked on projects or work groups. Q. Can I view a candidate’s OSU personnel file? A. Yes. It is strongly recommended that you review the employee’s current personnel file which contains information, including performance appraisals and corrective action history (reprimands, suspensions, demotions). An employee’s OSU personnel file is relevant information that may be used in making an employment decision and can be requested for review. If seriously considering the candidate, you should contact the present department and request this information. If you desire to contact the current employer, discuss this option with the candidate. Example: You are interviewing for a receptionist position that requires excellent customer service skills. A check of the personnel file reveals that the employee was suspended for frequently displaying verbally abusive behavior toward customers. This individual does not possess the necessary customer service behaviors to match the position. Q. I have viewed the personnel file but I would like to learn more about the candidate’s knowledge, skills, and abilities. How can I learn more? A. Viewing the personnel file should in no way replace directly contacting the OSU present supervisor or other reference sources. It is important to speak to references to determine if the individual is an appropriate match for your vacancy. Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 6 of 13 Example: You are interviewing for a position requiring knowledge of particular word processing software to produce a technical publication. The reference you have contacted (present supervisor) informs you that although the candidate has received extensive software training, he/she has not been able to grasp the skills needed to produce a technical publication. However, the supervisor informs you that the individual does perform very successfully as part of a work team. You decide that although the individual is a successful team member, he/she would not be a successful skill match, as he/she does not meet the competencies that you have identified as critical. Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 7 of 13 Steps to Follow When Contacting References • • • • • • Contact the reference by phone or in person. Writing to the reference contact is usually not effective and typically yields little information or response. Plan and ask the same questions of each reference source. When contacting the reference, identify yourself, your position, give the name of the candidate and the reason for your call. Establish rapport: Ask the contact if this is a convenient time for you to speak with them or request to schedule a telephonic conference. Briefly describe the vacancy. Decide whether this individual can evaluate the candidate’s capabilities adequately to serve as a reference. Did he or she supervise or work with the candidate? For how long? When? Ask the reference if he or she needs to retrieve a file or other information on the candidate. Start with general basic questions and transition into more specific performance based questions. Before asking questions, describe the job and the competencies you are seeking. This will give the reference a chance to structure their thinking. Develop behavioral questions based on job competencies that are included in the job description. A competency is the knowledge, skill, motivation and behavior associated with success on a job. Example: A competency for the job is providing quality service. You could ask what level of customer service the candidate has provided to difficult customers in the past. Ask the reference if he/she thinks the candidate will perform these behaviors successfully and seek specific examples from past performance. You could ask for examples of how the candidate has interacted with customers. Ask if you can call back if you have additional questions. Ask for names of other reference sources. Thank the reference for his/her time and cooperation. • • • • • • • • Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 8 of 13 Sources Andler, Edward C., Winning the Hiring Game, 1992, The Smith Collins Co. Development Dimensions International, Inc., Training Manual, 1999 Half, Robert, How to Check References When References Are Hard to Check, 1997, International Inc. Lindemann, Jeffrey N., Esq., Hiring the Right Prospect for Your Agency While Avoiding the Legal Land Mines, Frost and Jacobs, LLP Ohio’s Reference Checking Law-4113.71 Swift,.Betsy A., Esq., Hiring Without Lawsuits, Bricker & Eckler, LLP, Personnel Law Update 1998 Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 9 of 13 Telephone Reference Check Candidate’s Name: Position Applied For: Contact: Date: Person Conducting Reference Check: GENERAL QUESTIONS In what capacity did you work with the candidate? (Example: peer, colleague, supervisor) When did this candidate work for your company? What was their job title? What were the duties on this job? What was their job attendance like? (Don’t probe into ADA or Workers’ Compensation issues) Why did they leave the job? Who did they work for prior to joining your company? MORE IN-DEPTH QUESTIONS BASED ON JOB COMPETENCIES I would like to read to you the part of the candidate’s current resume that describes his or her job with your organization. (Ask the reference for comments on the skills and behaviors mentioned.) The purpose of this question is to verify that the information the candidate is supplying accurately describes his/her job experience. Describe the job and key competencies. Note: Some examples of job competencies are: customer service, teamwork, leadership, judgment, creativity, initiative, etc. How would you evaluate this candidate’s customer service skills (or teamwork, initiative, judgment, etc.)? Share an example. Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 10 of 13 Telephone Reference Check – cont’d This position requires attention to detail (or creativity, good technical skills, etc.). How would you characterize this person’s knowledge, skills, and abilities in this area? How would you compare them to others doing the same work? What areas of development could the candidate focus on? Can you tell me what prompted the candidate to leave your company? CLOSING QUESTIONS Is this candidate eligible for re-hire with your organization? Why or why not? When the candidate was hired, were references checked thoroughly? Who checked these references? What did the references have to say? Is there anything else you can add that would help us learn more about [candidate’s name]? Comments: Circle the quality of this candidate based on the reference check. Excellent Good Average Poor Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 11 of 13 Candidate Tracking Form Candidate Name: Position: 1. Status of Candidate File Date received ___________ Application (cover letter, resume/vitae) Ratings of application Interview evaluations Letters of reference 2. Written Application Read by: ____________________________ Recommendation: No longer under consideration Recommended for interviewing Hold as possible backup 3. Telephone Reference Checks Names of references: Name(s) of reference checker(s): 4. Interview # 1 Date(s): __________________ Interviewers: Telephone Off Campus On Campus Recommendation: No longer under consideration Recommended for interviewing Hold as possible backup Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 12 of 13 5. Interview # 2 Date(s): __________________ Interviewers: Telephone Off Campus On Campus Recommendation: No longer under consideration Recommended for interviewing Hold as possible backup 6. Committee Recommendations to Hiring Official Not Recommended Recommended 7. Final Decision Candidate not selected Candidate selected and made offer Written acceptance received. Date: Guide to Reference Checking Office of Human Resources, Employment Services 614-292-9380 employment@hr.osu.edu http://hr.osu.edu revised 6/2004 13 of 13