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Disputed Reference - How much do we trust it?
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Disputed Reference - How much do we trust it?
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Here's a quandry:
A prospective employee is disputing a bad reference from a former employer. The potential hire (we sent an offer letter) left the company in question and because there was no non-c
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Forums » Topic Forums » Recruiting & Staffing » Disputed Reference - How much do we trust it?
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Disputed Reference - How much do we trust it?
posted at 12/16/2006 2:47 PM EST
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Posts: 8
First: 12/16/2006 Last: 1/4/2007 |
Here's a quandry:
A prospective employee is disputing a bad reference from a former employer. The potential hire (we sent an offer letter) left the company in question and because there was no non-compete clause, went to work for a competitor. Now the owner of the first business is claiming the employee abused drugs on company time, and that he was a poor employee. The prospective employee provided us with a copy of his HR file which notes _none_ of the negative aspects of the employer's reference, including no mention of any drugs or drug-related material or behavior. It does, however, note that the employee passed the company's drug screen and that all evaluation marks are above average or excellent. Additionally, the prospective employee has doumentation that the employer in question flew off the handle and called him a "betrayer" at an office meeting soon after learning that the employee had joined a competitor. No evidence that the employee ever divulged anything confidential to the competitor - he had a skill set that made him valuable at both places. The prospective employee has disputed the reference with our background check agency and with us. The hiring manager here was very anxious to get this employee on until we (HR) blocked the hire because of the substance abuse claims. There's zero evidence of the employer's assertions of drug use other than his answers to our background investigator's questions. I'm sitting here at home this weekend wondering what we're going to do on Monday, and what liability this exposes us to if we decide not to hire the individual based on a former manager's vendetta. Any ideas? |
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Disputed Reference - How much do we trust it?
posted at 12/23/2006 11:47 AM EST
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Posts: 19
First: 4/2/2002 Last: 12/23/2006 |
I would consult with your company attorney to be sure but in my opinion, because there is no proof to back up any of this past employer's claims, and in fact, all their documented evidence indicates the contrary, you don't really have strong grounds on which to deny this person employment based on that reference (although the prospective employee may have grounds to file suit against their past employer if you don't hire them based on this information). Does your company do drug tests as a part of the initial employment process? If so, assuming the employee comes back clean, that should help to put your mind at ease. Additionally I am assuming you check more than one reference? If not, you should do so in the future. If you do, weigh the results of those references in comparison to this one. You may also want to see if there is anyone else at that company who would be willing to give a reference and see if the stories match. Good luck! |
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Disputed Reference - How much do we trust it?
posted at 1/2/2007 12:50 AM EST
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Posts: 27
First: 7/22/2004 Last: 1/19/2009 |
I would do as suggested above and get another reference from someone at that company. A co-worker would be a good source, sometimes they tell you more than the managers. Also, he left the company to work for a competitor. What did the reference for that company say about him? |
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Disputed Reference - How much do we trust it?
posted at 1/2/2007 1:04 AM EST
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Posts: 8
First: 12/16/2006 Last: 1/4/2007 |
Well, I was overruled by our HR manager - she told the employee that his credit wasn't good enough for the job and send him a letter rescinding the offer a week before Christmas.
We got a FedEx this morning with a "SueBomb" in it. The person we made an offer to is threatening to sue because we never told him he needed good credit for the job, then used his marginal credit history to deny him the job (he's been looking for a job in this area for five months) and pays his wife's medical bills before his credit cards, apparently. Our HR manager - the one who made the decision - might be out of a job over this one. I'm pretty sure she used the credit excuse to cover for her nervousness over the drug charge - she read his dispute letter, then cut me out of the loop, telling me she'd "handle this one" on her own. |
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