If you’re looking for a new role, it’s common practice for hiring managers to ask for a reference from your previous employers. The goal of this is to gain an outside perspective on what you’re like as an employee as well as to verify your duties and whether you actually worked there. While a good testimony can help you land the job, it’s intimidating not knowing what HR might ask.
Thankfully, there are rules about what HR can and can’t ask about, both from a legal and an ethical perspective. We’ll take a look at what insights a potential employer is hoping to gain from these inquiries as well as what they can’t ask about.
“Many employers will contact your most recent 1-2 past jobs. Some may only check your current or previous employer. Jobs from earlier in your career are less likely to be contacted unless particularly relevant.” –Atlantic Group
CAN: Hard details
It’s important for a hiring manager to do their due diligence and verify the information you provided them with. At the very least, this involves making sure you actually worked for your previous employer. People will lie in interviews and on their resumes, though this basic information is elementary to verify.
In this case, HR is looking for objective data—your employment dates, job titles, and responsibilities. How your previous employer may respond depends on the individual organization. Some companies may only let hiring managers talk to HR. Others might not allow a manager to offer a reference at all.
“You can learn what your previous employer will say during an employment check by requesting their policy. Many employers are cautious about how much information they provide and you will know how to answer any questions that might arise during the background check.” –Indeed
CAN: Performance
Beyond the tangible data, future employers will want to know how well you performed your previous duties. In your interview, you likely highlighted your best accomplishments. Here, employers want a more detailed view of how you performed on a day-to-day basis.
A previous employer is allowed to discuss their assessment of your performance, your demeanor, and your attendance. If you fear a bad relationship with a previous manager might taint their assessment of you, know that many states regulate what can be said and that employers can be liable if they provide false, misleading, or defaming information, according to legal professional Paul Koenigsberg.
CAN: Reason for leaving
Unless this is your first job, your new employer will want to know why you’re interviewing for their opening, including why you’ve left/are leaving your previous role. There are plenty of good reasons to quit a job. But be aware that asking your previous employer why you’re no longer there is one of the main questions they’ll ask. So even if you left on bad terms, you want to be honest.
Anna Assad explains that because this is in the official records, your ex-employer is allowed to provide an official classification. Usually, this is expressed in unambiguous terms like “terminated,” “resigned,” “quit,” or “laid off.” From there, HR might ask you for further details.
CAN: Rehireability
Employers are investing resources if they choose to hire you and want to make sure those investments are worth it. While they can only ask so much from a previous employer, they are allowed to ask a simple but powerful question—would they hire you for that role again?
Some policies might only allow the ex-employer to say a simple “yes” or “no,” but this alone might make a world of difference. Even if the previous manager says “no” with no elaboration, that can give them pause about hiring you, or at least cause them to ask you more.
CAN’T: Demographic information
Individual companies have different policies, and different states offer different legal situations, but universally, a prospective employer cannot ask for your demographic and personal information. Laws prevent HR from asking anything about your identity that could lead to you being discriminated against.
From Tilson HR, questions involving your marital status, economic status, pregnancy, physical health, gender, sexuality, age, race, ancestry, education, citizenship status, religion, criminal record, organizational memberships, or military status are illegal or ill-advised. Even asking for a photograph of you or a physical description needs to be avoided.
“Hiring managers can ask an applicant’s former employer anything excluding their protected characteristics, like race, color, religion, sex, national origin, or age. Outside of these categories, pretty much everything is fair game.”-Paul Koenigsberg
Wrap up
The reason HR asks to talk with your previous employer is to learn what type of employee you are, to verify what you’ve said on your resume and in your interview, and to probe for any red flags based on your previous performance. They cannot ask about your demographic information or reveal any personal data that could result in discrimination. If you’re particularly worried about what a past employer might say thanks to a bad relationship, you can always decline to offer their information, though you should be prepared to explain why.
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