Alison Bresky found out the hard way that a former boss was not the ideal guy to have asked for a reference.
The Boston publicist–who asked that her real name not be used–said she almost lost a job offer because a general manager at the PR agency at which she worked disputed her job title. “After interviewing for my current public-relations position, the HR manager called my previous employer to check references,” Bresky recalled. “The general manager at this well-known PR agency disputed what was listed on my resume and told the HR manager I was never an account executive at the agency–that I was just a secretary during my 2 1/2 years at the company. The HR manager said, `Are you sure?’ and he said, `Yes!’ Thinking I was an amazing actress she was about to toss my resume.”
Fortunately, the HR manager decided to contact another reference. “My second reference, who was my manager at the agency, disputed what the GM had told the HR manager,” Bresky continued. “She then called my third reference, who also disputed what the GM said. I was offered the job.”
Although the untruthful comments about Bresky are at the extreme end of the negative reference spectrum, they speak volumes about what references can do to sabotage a job hunt. Even those supervisors who are cautious can convey their displeasure with a former employee or co-worker, either by skirting a question or by saying nothing at all.
“After years of faithful service, you may assume you’ve earned a good recommendation. However, we’ve found this is often not the case,” said Julia Chase, owner of References-etc., a reference-checking firm based in Hiram, Maine.
“Ideally, references should respond positively. But our data shows that only 40 percent of former supervisors supply good references,” Chase continued. “Twenty-one percent give average references, 20 percent give bad ones, and 18 percent default to just dates of employment and title.”
The track record is a bit better for references from co-workers: Approximately 80 percent give good references; 18 percent, average ones, and just 2 percent, negative reviews. “But a supervisor’s reference carries more weight, so it’s a trade-off,” Chase noted.
Sometimes an ex-boss doesn’t have to say a negative word to scuttle your chances. The references for “Shane Osmond” and “David Well” are two examples.
When asked if Osmond had been a team player, his former boss told a References-etc. interviewer: “He came to work. He was here on time.”
His answer to the question, `If you were responsible for hiring, would he be eligible for rehire?’ was no less revealing. “I’d rather not say,” he responded.
And Well’s reference from the assistant superintendent of the county sheriff’s department, where he had worked for more than 20 years, illustrates how saying nothing can come across as a negative. The contact repeatedly told a References-etc. interviewer she could not comment on Well’s tenure, and only after much prodding did she even confirm he had been employed with the department.
Many job seekers will spend hours and hours polishing their resumes but give little or no thought to the references they list.
“Some people believe companies don’t check references. The word on the street is, `We can beef up our resumes and no one will find out,'” said Joel Goldberg, president of Aurico Reports, a company in Arlington Heights that provides pre-employment background screening, drug screening and business-to-business information services.
But with one-quarter of job applicants misrepresenting their achievements and experience on resumes and applications, employers have a compelling reason to check all references.
“Surprise–not all applicants are truthful,” said Wendy Bliss, principal of Bliss & Associates, a human-resources consulting firm in Colorado Springs, Colo. “One in four people working is likely to have fudged or distorted their credentials.”
Goldberg added: “A prospective employer wants to verify the data being provided by the applicant, and see if the applicant is representing himself or herself in a way that is consistent with what the company is looking for.”
Case in point: One of Goldberg’s clients needed a steel salesman with international experience. “The gentleman applying had done most everything he said he had done–he had increased sales, managed people and had worked in international sales,” he recalled. “He also said he had sold steel, but we found out he actually had referred leads to a steel salesman. So he didn’t fit the requirements of the job.”
Assuming a former employer won’t say anything negative for fear of litigation (frivolous or otherwise) is risky too. Many employers aren’t afraid to answer detailed questions about a former employee–good or bad. And in most cases, they’re protected by law, as long as the information is job-related, based on credible evidence and made without malice, Chase and Chicago-area attorneys say.
Illinois’ Employment Record Disclosure Act, passed in 1996, for example, gives qualified immunity to employers who provide bad references, according to attorney Craig Boggs of Matkov, Salzman, Madoff & Gunn, a law firm specializing in labor and employment issues. Other states have similar statues.
“An employee can’t sue a former employer for giving a negative reference even if it was a false statement, as long as it wasn’t made in bad faith,” Boggs explained.
“If a bad reference is truthful, a former employee has no recourse,” added Shawn Collins, a senior partner with Naperville-based The Collins Firm. “But not everybody will always agree on what the truth is. A former employer’s risk is in giving information of a factual nature then having a former employee disagree, especially if they’re not getting a new job because of it.”
That’s why Boggs and Collins usually advise businesses to err on the side of caution. “We recommend to employers that they not be overly positive or overly negative,” Boggs said.
“Even if a former employer [who gives a negative reference] is right, it is going to cost the company money if the company is embroiled in a lawsuit,” Collins said. “The law is on the side of the truth tellers. But getting to the end of the day can be expensive.”
But it’s not all bad news for those who think they’ve been wronged. It is illegal for past employers to purposefully give false information for the sake of harming an employee’s reputation or to prevent an employee from getting another job, information from References-etc. says.
In addition, references “can’t answer questions about your ethnic, marital or parenting status or about your religious or sexual preferences,” Chase noted.
And refusing to give information can land companies in court if the “no comment” policy is not applied across the board. “There have been cases successfully argued that an employer discriminated against an employee for not applying the same policy to all its employees,” Chase said.
For those who feel they’ve been burned by a bad reference, Chase suggests contacting an attorney who specializes in employment law. “You can get monetary compensation if you can prove slander,” she said. “It does happen.”
Bresky, the Boston PR rep, never uncovered the general manager’s reason for questioning her employment history. “[My HR manager] recommended I sue my former employer, but I decided against it because in the end, I got the job,” Bresky said.
Find references who sing your praises
A good reference can give you a leg up in your job search, particularly in today’s extremely competitive marketplace. To assure you get the best review, experts offer the following tips:
Always call and ask permission of anyone you want to use as a reference. Calling gives you the chance to bring a prospective reference up to speed on what you’ve been doing and to verify that the person is still with the company. “We’ve done reference checks where the reference has left, or the company has dissolved. It looks bad,” said Julie Chase, owner of the reference-checking firm References-etc.
Make sure references are comfortable speaking on your behalf. If you sense any hesitancy, leave them off your list, said Tory Johnson, CEO of Women For Hire, a producer of recruiting events and career fairs for women, and author of “Women For Hire: The Ultimate Guide to Getting a Job” (Penguin, $15.95).
“It’s OK if a reference no longer works for the company where you were employed,” Johnson said. “Bosses and colleagues aren’t the only potential references; it’s also great to ask former clients.”
Coach your job references by reviewing your job goals, the qualities and skills you want to emphasize and recent accomplishments. “Before giving out a reference’s name, go over a list of possible questions your prospective reference will be asked by your potential employer,” Johnson suggested.
If you don’t like what you hear, don’t use the person as a reference. Questions should address what the reference’s professional relationship was with you, your job responsibilities, strengths, weaknesses, approximate salary, why you left the company and whether your reference would hire or work with you again.
Ask references how they prefer being contacted–home or office phone, e-mail or fax. “This will ensure that recruiters aren’t frustrated and references won’t be bugged by countless messages,” Johnson noted. It also gives you a chance to verify or update contact information.
Negotiate a reference as part of a compensation package. This is especially effective for high-level employees, said Craig Boggs, an attorney with Chicago-based Matkov, Salzman, Madoff & Gunn. “You can negotiate not only your compensation and insurance package, but also who will give a reference and what that reference will say,” Boggs explained.
Thank your references. “Send a thank-you note along with a copy of your current resume. This gives you the opportunity to familiarize your reference with you again, and it reinforces their commitment to provide a reference,” Chase said.
–Kathleen Furore
