What can and can't job recruiters ask your current employer?

[PremiumG]

What can and can't they ask your current employer?

- Wages?
- Length of employment
- Duties?
- Reasons why employee left?

 

[Sukhoi]

You mean if you apply for something? They better not be talking to your current employer or you aren't going to have a current employer.

 

[MagnusTheBrewer]

Originally posted by: PremiumG
What can and can't they ask your current employer?

- Wages? Yes
- Length of employment Yes
- Duties? Yes
- Reasons why employee left? No, they can ask rehire status.

They also cannot ask marital status, ethnicity, manner ot transportation, race, religion.

 

[MedicBob]

Depends on the US State you live in also. Wisconsin is rather restrictive compared to some others.

 

[Phokus]

Originally posted by: Sukhoi
You mean if you apply for something? They better not be talking to your current employer or you aren't going to have a current employer.

Wouldn't they get in trouble if they contacted your employer and you got fired?

 

[SmoochyTX]

Originally posted by: Phokus

Originally posted by: Sukhoi
You mean if you apply for something? They better not be talking to your current employer or you aren't going to have a current employer.

Wouldn't they get in trouble if they contacted your employer and you got fired?

Most applications ask if your current employer can be contacted or not. If that questions is not included on the application, you can write down on the application that you wish for them to not contact your current employer at that time.

 

[Tsaico]

Originally posted by: PremiumG
What can and can't they ask your current employer?

- Wages?
- Length of employment
- Duties?
- Reasons why employee left?

I spoke with our HR director here and they said:
Wages - No
Length of employment - yes
Duties of described job title - yes
Reasons why employee left - gray area, so often not asked.

I tried to get more information regarding the gray area, and it was explained to me there are certain ways of asking that are legit, but because people can leave for millions of reasons, 1/2 of which are none of anyone's business, they generally do not ask the why question.

Their main focus is to find out if you really do/did work at whatever place and for how long. They can also ask what duties were required of your job, but not what you actually did. What you made before doesn't matter to them since if the position is posted how much it brings in and you applied anyway, your descision. If it is based off of experience, then the confirming of your time at whatever previous jobs is what determines that.

 

[PokerGuy]

What's this nonsense about what they can ask? They can ask anything they want. There is no law out there (at least not that I know of) that says "you can't ask about xyz". Most employers don't ask about certain things because it potentially opens the door for litigation down the road.

For example, I can ask a potential employee if she's married, if she has kids, if she's a lesbian etc with no problems. The problem comes if I don't hire the person, and the person sues claiming you discriminated. She has all sorts of grounds, she could say you discriminated because she's gay, or because she's married etc etc. That's why companies train hiring managers not to ask certain questions, thus limiting potential liability.

And yes, I've hired a lot of people, generally in middle management positions.

 

[Tsaico]

Originally posted by: PokerGuy
What's this nonsense about what they can ask? They can ask anything they want. There is no law out there (at least not that I know of) that says "you can't ask about xyz". Most employers don't ask about certain things because it potentially opens the door for litigation down the road.

For example, I can ask a potential employee if she's married, if she has kids, if she's a lesbian etc with no problems. The problem comes if I don't hire the person, and the person sues claiming you discriminated. She has all sorts of grounds, she could say you discriminated because she's gay, or because she's married etc etc. That's why companies train hiring managers not to ask certain questions, thus limiting potential liability.

And yes, I've hired a lot of people, generally in middle management positions.

Watch out then...
http://www.doi.gov/hrm/pmanager/st13c4.html

Generally if there are illegal questions asked, people have three options, forfeit your rights and answer, discreetly refuse to answer, or leave and contact the Equal Employment Opportunity Commision and prepare for your lawsuit. You don't even have to be turned down for the job you are applying to.

 

[jadinolf]

Does he touch himself at night?

 

[Jaxidian]

From what I'm aware of, there are 2 sides to this:

1. What an employer can ask
2. What a former employer can say

In all reality, both sides can ask/answer anything they want. They just then submit themselves to the risk of litigation for:

1. Discrimination
2. Slander

I'm sure some states have different laws but I think they all mostly boil down to that.

 

[SmoochyTX]

Originally posted by: Tsaico

Originally posted by: PokerGuy
What's this nonsense about what they can ask? They can ask anything they want. There is no law out there (at least not that I know of) that says "you can't ask about xyz". Most employers don't ask about certain things because it potentially opens the door for litigation down the road.

For example, I can ask a potential employee if she's married, if she has kids, if she's a lesbian etc with no problems. The problem comes if I don't hire the person, and the person sues claiming you discriminated. She has all sorts of grounds, she could say you discriminated because she's gay, or because she's married etc etc. That's why companies train hiring managers not to ask certain questions, thus limiting potential liability.

And yes, I've hired a lot of people, generally in middle management positions.

Watch out then...
http://www.doi.gov/hrm/pmanager/st13c4.html

Generally if there are illegal questions asked, people have three options, forfeit your rights and answer, discreetly refuse to answer, or leave and contact the Equal Employment Opportunity Commision and prepare for your lawsuit. You don't even have to be turned down for the job you are applying to.

Note the last revised date on that web page.

And yes, they can ask anything they want about your employment history. Whether or not they will answer them is an entirely different matter. But like PokerGuy said, using information to discriminate based on age, sex, sexual orientation, religion, disability, etc is against the law.

As far as filling out an application, again they can ask all of these same questions. Whether or not you reply to that question is up to you. They can most certainly ask if you've been convicted of a crime (usually they ask about felonies). They can most certainly ask about your driving record. They can most certainly ask about your credit history (usually occurs in positions they're hiring related to money handling). They can most certainly ask about your attendance history at previous employers. They can most certainly ask about your education history. They can most certainly ask for your DOB, your SSN, your race, your sex, your address, your previous addresses, your telephone number, and if you've served in the military. And they can most certainly ask you to take a drug test (either urine or hair follicle).

What you decide to reply to and inform them of is up to you. But please note that failure to supply some (and most of) this information will hold up performing your background check which will hold up your being hired or passed on to the next hiring phase.

I deal with these questions every day and it's amazing how many people are so ignorant when it comes to this. If you don't want to answer a question on an app then don't answer it. But don't be surprised if you're called by Human Resources or a third party performing your background check needing addition information to complete your background check.