Hi, we have recently made an offer to a candidate and would like to do a thorough background check. In addition to carrying out a reference check with the candidate's previous employers, is it legal to conduct a reference check with their current company after they have accepted the offer or after they have joined our company?
Thanks and regards,
Anika
From India, Dehra Dun
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1Thanks and regards,
Anika
From India, Dehra Dun
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The main purpose of a reference check is to obtain clarity and confirmation about a candidate's experience, working attitude, employee relations either as a team leader or as a team player, and fit within our company structure, based on your requirements for that particular position.
The purpose of a reference check serves us better if we conduct the process after the candidate's acceptance (before resigning from their current employer) but before they join our company. This is because if the process is done earlier than their resignation (after acceptance), there are two alternatives based on the conclusion of the reference check:
1. **Positive Conclusion:** Provide the candidate with time, considering the notice period at their current employer, to transition into the new role based on your company's requirements.
2. **Negative Conclusion:** Simply inform the candidate that the position has been filled, allowing them to continue in their current organization.
Legal obligations arise if you receive a negative conclusion after their resignation from the current employer and joining your company.
Therefore, in my opinion, it is better to conduct the process after acceptance but before resigning from their current employer, before they join our company.
Correct me if I'm wrong.
From India, Hyderabad
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The purpose of a reference check serves us better if we conduct the process after the candidate's acceptance (before resigning from their current employer) but before they join our company. This is because if the process is done earlier than their resignation (after acceptance), there are two alternatives based on the conclusion of the reference check:
1. **Positive Conclusion:** Provide the candidate with time, considering the notice period at their current employer, to transition into the new role based on your company's requirements.
2. **Negative Conclusion:** Simply inform the candidate that the position has been filled, allowing them to continue in their current organization.
Legal obligations arise if you receive a negative conclusion after their resignation from the current employer and joining your company.
Therefore, in my opinion, it is better to conduct the process after acceptance but before resigning from their current employer, before they join our company.
Correct me if I'm wrong.
From India, Hyderabad
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REFERENCE CHECK FORM TO BE SENT TO TSUPERVISOR.doc