['Recruiting and hiring']
['Background Checks', 'Applications/Applicants']
05/17/2022
...
Prospective employers certainly want to verify the employment history provided by a candidate, since applicants are not always entirely honest. Even if the individual did not specifically authorize these reference checks, you may contact previous employers without permission.
Of course, if a third party will conduct those reference checks on your behalf, the Fair Credit Reporting Act (FCRA) may require certain disclosures to the employee. However, the FCRA does not apply to employers who conduct their own checks, such as calling previous employers or educational institutions.
Contacting previous employers should not raise concerns for applicants, but candidates may have concerns about reference checks made to their current employer. In particular, they may not want their employer to know that they are looking for a new job.
Many employers will ask if it's okay to contact a current employer, which is primarily a courtesy. Contacting a current employer after being asked not to do so may be seen as unprofessional, which could affect the candidate's willingness to accept a job offer. Delaying contact with the current employer until after extending a conditional job offer should be reasonable.
However, if an individual asks you not to contact a previous employer, you might see this as a red flag, and you could still make the call. The candidate should not be worried about a former employer learning about the job search because the candidate no longer works there. If an applicant is reluctant to agree to your contacting a previous employer, you might discuss the situation with the individual. Perhaps the individual had a bad relationship with someone at the company and is expecting an unfairly negative reference, but you may still want to obtain both sides of the story and make your own evaluation of credibility.
If you get a negative reference (which might even come from an employer that the applicant listed as a reference), you can drop the candidate from further consideration or withdraw any job offer already made. Whether you choose to share the specific reason for rejection is at your discretion.
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