Ask and you shall retrieve

“It really makes a difference to get the response of people who know the people personally and for whom they’ve worked,” said Joseph Anfuso, executive director of the seven-employee Forward Edge International in Vancouver. He’s hired staff worldwide.

The benefit? “You can really make a more accurate assessment,” Anfuso said. That assessment is what could make the difference between an employee that lasts for the long term and one that stays only a while and brings trouble.

If you think all you can ask references is date of hire, then you’re wrong. Hiring companies can ask past employers anything not protected by equal protection laws -- as long as those questions directly relate to an applicant’s ability to do a job.

Therein lies the trick. How can you get at the real compatibility questions without crossing that job-linked line?

Other tricks of the trade

“If you really want to get at what’s out there,” said employment attorney Linda Frischmeyer, “require your applicant to sign an authorization to release personnel file contents, and a release of any potential claims against the former employer for providing that information.”

Frischmeyer practices at Vancouver’s Landerholm Law Firm, and is a frequent speaker on the subject. Personnel file releases — the “key strategy” in Frishmeyer’s estimation — helps keep former employers from crossing that fine line while also giving potential employers “the most information out there,” she said.

If nothing else, it’s a wise bet to make finalists sign a comprehensive waiver. “Many employers now are requiring candidates to sign a consent for release of information from the former employer,” said Don Grant, attorney at Vancouver’s Grant & Elcock.

Waivers give an employer permission to contact references and anyone else who might be familiar with the applicant's past job performance.

“If [a candidate] consents, then you can’t be sued later for something [the candidate] consented you to do,” Grant said. “The only exception would be if you start asking applicants to give permission for restricted areas.” Restricted areas are questions on (or showing a bias toward) race, sex, religion, disability or marital status.

Once you have the signed release, let references know that you have the employee's consent to obtain job-related information. State that you need this information in order to make a fair hiring decision (which actually protects both of you). “Stress confidentiality to the former employer,” said corporate recruiter Nicole Moss. An attorney can draft all release forms. Some forms can be purchased at business supply stores.

The opener

First, pull out the position’s job description (or use this time to write one). Be specific about everything, from computer skills (must be able to open Word documents and save changes to networked computers) to manual tasks (must be able to lift boxes weighing 20 to 40 pounds at least 10 times per day). This job description is the basis of every question you can and can’t ask by law.

Now on to the questions. After talking with a recruiting consultant and half-a-dozen Clark County attorneys, I was able to draw up a list of eight key topics followed by each topic’s “politically correct” cousin.

1. When you want to know: Did this applicant represent himself accurately? Ask: Did he meet your expectations in fulfilling job duties?

“This is a great blanket question because it addresses a applicant’s ability to do the same or similar job,” said Nicole Moss, a recruiting consultant for the online firm Blueprint. “Past success or failure is usually predictive of success in the future.”

Fish for details by asking: What were the expectations or goals of the applicant’s position? What was the applicant’s level of performance? Did the applicant meet or exceed expectations?

“You are looking for a performer,” Moss said, “so listen for a strong endorsement of her ability to understand the job and meet its demands.”

2. When you want to know: Can this applicant do the job? Ask: How did this applicant handle A, B and C?

Fill blanks with three key job issues from the job description. Or simply ask open-ended questions on each key issue. One example: "How would you describe the applicant’s planning style?"

3. When you want to ask: Is the applicant ‘promotion material?’ Ask: Do any of this applicant’s achievements stand out for you? How did these impact the company or department?

You know you’ve found an achievement-oriented person, writes Moss in a 2001 article on the subject, when the reference not only remembers the achievement, but also provides observations such as, "We were really proud of her; she topped sales for the department," or, "He took the initiative here, and it was noticed by senior management."

Don’t be satisfied with a response such as "She was the best employee we ever had." Follow up with a question like "Could you give some examples of how her performance was so outstanding?"

4. When you want to know: Will this applicant be easy to get along with? Ask: How would you characterize this applicant’s relationships with her supervisor/peers/subordinates?

Will your applicant be a daily source of positive energy or a drain on morale? Relationships with supervisors, peers, or subordinates are one of the best indicators.

5. When you want to know: Will this applicant be a team player? Ask: Tell me about a time when you noticed this applicant went above and beyond for the benefit of the team or overcame large obstacles to complete a project.

You not only want your applicant to be a team player and meet expectations, you want him to go above and beyond — without stepping on toes. If the reference can not think of any stories to answer this question, you may be getting a red flag that your applicant is not a team player or does just enough to get by without going the extra mile.

6. When you want to know: Will they always be in my office asking for more money? If so, would they have earned it? Ask: What was their rate of pay, starting and ending? Or try this one: Did they have any raises or promotions while they were working for you?

7. When you want to know: Does this applicant have bad habits you should know about? Ask: What are some areas this applicant could improve upon? And What was the reason for the separation?

“Begin this one by acknowledging that no one is perfect, and everyone has areas to work on,” Moss said.

In addition to the actual answer, listen for the area references choose to focus on. Did the weakness pertain to maturity, inexperience, interpersonal skills, or ability? The importance of the area is whether an improvement can be made, and what caused the weakness in the first place.

8. When you want to know: Is there anything in this applicant’s background that the reference is not telling me? Ask: Could you recommend the applicant for a position that’s similar to the one at your company? Then take it one step further: Could you recommend the applicant for the position I’m hiring them for? (Have the job description handy for a quick read.)

And you can always try the old stand by: “Are there any additional comments you are willing to make pertaining to this applicant’s work performance?”

Attorney Peter Felf, a solo practitioner in downtown Vancouver, has represented more than 100 employees in the courts. He has this to add: “A question prospective employers need to ask,” he said, “is ‘Would you hire this person again?’ If not, then why not?”

Disappearing act

What if references won't talk? If a reference is unwilling to answer these specific questions, try asking for a performance rating. Then ask for an explanation with the rating.

Additionally, you could volunteer information the employee told you, and then let the reference comment on or correct the information. If the applicant has signed a waiver, you can ask the reference if they can refer you to someone else who could evaluate job performance.

There is yet another option. Even though it is the prospective employer's responsibility to thoroughly check references, it’s actually the applicant’s job to provide the names.

“If references refuse to talk or cite a company policy against providing such information, put the burden on the applicant to come up with appropriate references that will talk or to convince reluctant references to do so,” writes Paul Barada, Monstor.com’s HR expert. “If the applicant can't do that, look for someone else to fill the job!”