Reference Information Tips

Having a difficult time obtaining pre-employment reference information from former employers?  While employers are protected from sharing employment information about an employee unless they provide intentionally false information, employers are still opting not to share.  Ironically enough, it is typically those employers who don't share with you that are asking for the same information from you.  Lawyers have managed to drill into their clients the importance of "it is our policy not to share this information" which often limit the ability of potential employers to make well-informed hiring decisions.  This makes that job offer even more of a gamble and those precious 90 day orientation periods even more critical.

Here are a few tips to help you through the difficult moments...

• Don't ask for the HR department when calling for references.  Make sure the potential employees gives you the name of their former supervisor and ask for them directly.  Many employers have not taken the time to educate their front-line supervisors and middle managers about referring those references calls back to the HR department, so you are increasing your chances of actually getting information.
• If you get the "we don't share that information" line from the other end of the phone, offer to fax or email your questions to them.  That way, they can keep a copy of what they submitted to you for their own records - which will often be enough to get a little more information than what you would have originally received.
• If no former employers are sharing, go back to the employee.  Employees are savvy nowadays, and they recognize when employers will not share employment information with individuals who inquire.  They believe this gives them a free pass, which often is the case.  However, go back to the employee and tell them you need the names of people who will share information with you - otherwise, you cannot consider extending a job offer to them.  The candidate may scoof and say they gave you all the information they have and do not know anyone else, but that isn't good enough.  If they want the job, they will provide more names.
• Finally, make sure you network and make personal connections with those individuals who can provide you that information.  A person is more likely to share that employment information with you if they know you personnally. 

Hiring decisions are time consuming, risky, and expensive.  To be thorough, it is important to use as much time as you can, but to minimize the risk and costs - always make sure you do reference checks.  And if the information isn't forthcoming, you do have options.  Use these tips and you increase your chances of obtaining more useful information for your pre-employment screening.

"At Will"... What does it really mean?

If you live in an “At Will” state, you may believe you can terminate whenever, whomever you want – without cause – but that isn’t necessarily the case. Let’s examine this “At Will” concept.

Let’s have a look at this… “At Will” means you can terminate the employment relationship with or without cause. It also means the employee can terminate the employment relationship with or without cause. That means employees DO NOT legally have to give two weeks notice before they quit their job. Many employers have a two-week provision in their policies believing they can legally require that; however, they cannot. However, you can use the two-week notice provision if employees want to be paid out for their paid time off bank or other elective benefits provided by the employer.

Arbitration Programs

Have an arbitration program at your workplace?

In Davis v. O’Melveny and Meyers, 9th Cir., No. 04-56039 (05.14.07), the 9th Circuit Court of Appeals ruled a law firm’s mandatory dispute resolution program for issues relating to employment with the organization. While the program included options for mediation and mandatory final and binding arbitration on claims against the firm, it exempted workers’ compensation and unemployment benefits as well as confidentiality issues. Dispute disclosure to third parties were written into the program as prohibited.

An employee for the law firm filed a lawsuit detailing the firm’s failure to pay her for overtime and work performed during meal and breaks periods. Because of the binding arbitration agreement signed by the employee, the courts ordered the matter to arbitration. On appeal, it was determined the mandatory dispute resolution program was “procedurally and substantively unconscionable” and therefore unenforceable.

Center for Creative Leadership

Looking for a good resource for leadership information?  The Center for Creative Leadership is a nonprofit organization with a primary focus on leadership. Its site emphasizes research, training and publications in leadership development, and they have been responsible for some of the most cutting-edge information on successful leadership.

Communication Skills

According to an article published by World at Work, employers are on the look-out for communication skills in their candiates.  In a survey conducted by the National Association of Colleges and Employers (NACE), employers ranked communication skills as the top skill they are seeking in potential employees.

The Top 5 Skills Employers Want are...

1. Communication skills
2. Analytical skills
3. Teamwork skills
4. Technical skills
5. Strong work ethic