unauthorized reference checks

kacielee

Is it a violation of federal or state law for a potential employer (PE) to speak with an individual who was not given as a reference at a past employer regarding employment verification?

The scenario is as follows: I provided a resume with specific names of references, but I did not give my authorization to the PE to speak with others who might be available in lieu of the individual I listed at the referenced location. I have not signed an application stating I give a potential employer the right to check my employment history, nor did I sign a stand alone document giving such authorization.

Theresa Gegen TX

I do not know of any law that this would violate. The main legal issue is not for the new employer, but for the person giving the reference -- if that person (giving the reference) defamed you (said something false and negative about you), you may have a claim against that person for defamation. However, it is a difficult claim to prove because in this scenario, the statement would be covered by a qualified privilege -- that means that you would have to prove actual malice by the speaker to win your case -- and that is hard to prove.


An unauthorized credit check may be barred by the Fair Credit Reporting Act, and the prospective employer may have inquired into areas that may lead you to believe you were unfairly discriminated against (like about your history of work place injuries), but just a general reference check is probably legally ok.

Good Luck!

Rockie

A resume is not a legal document, but a signed employment application is. Usually, somewhere on the application, there is a portion that gives prospective employer permission to check references. It also gives a good basis for termination in case you find that information about past employment has been falsified.

We have an independent company that does out background checks for us and they will not check references without a signed application form on file.