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9 Things To Avoid During Backdoor Reference Checks

By Caitlin Mazur - Nov. 9, 2022
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As long as they are conducted in an ethical and legal manner, backdoor reference checks can give you a deeper insight into the personality and performance of a potential employee.

In this article, we’ll explain what a backdoor reference check is, what to avoid when conducting these reference checks in order to remain legally and ethically compliant, and how to assess the reliability of a reference.

Key Takeaways

  • A backdoor reference check is a reference check with an employer or colleague who wasn’t on the candidate’s reference list.

  • You have to have the candidate’s consent before conducting backdoor reference checks for them to be legal.

  • Never contact the candidate’s current place of employment for a backdoor reference check without the candidate’s explicit permission.

What Is A Backdoor Reference Check?

A backdoor reference check is a reference check performed with an individual that the job candidate hasn’t specifically named as a reference.

For example, if a candidate only lists their last three bosses as references, contacting their colleagues or a different boss would be a backdoor reference check.

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9 Things To Avoid During Backdoor Reference Checks

  1. Never Reference Check Without Consent

    To do any formal sort of reference checking, backdoor or otherwise, you must have the written consent of the candidate — otherwise, you are breaking the law.

    Unless they specifically state that they do not want you to use any other sources except for those references they have provided, you are within your rights to look for references on candidates through any method you want to, provided they have given you permission to run reference checks on them.

    A candidate saying they don’t want you to check with anyone except their provided references can sound like they’re trying to hide something, but there could also be a very legitimate safety reason for their request.

    Because of this — and because it’s the law — you should respect the candidate’s wishes and not allow their request to play into your final hiring decision.

  2. Never Cold Call or Email Someone You Don’t Know

    Randomly emailing a second-degree (or even more remote) connection on LinkedIn looking for information about someone they worked with a couple of years ago is a big no-no.

    If you need to get in touch with someone, try to get introduced or recommended via a mutual connection. If you can’t do that, call them rather than send an email so that you can properly explain your intent or be vague enough in order to protect your candidate’s reputation.

  3. Never Ask for Information That Could Be Used to Discriminate

    The same laws apply to reference checking as to employment — you cannot ask about age, marital status, ethnicity, sexuality, or other characteristics that do not relate to the person’s ability to perform the duties of them expected in their job. You could be sued for requesting this type of information.

  4. Never Check References From Their Current Employer

    Unless the candidate has specifically highlighted that it’s okay to contact somebody from their current place of employment, you run a huge risk of alerting their boss to the fact that they are actively looking for a new job.

    To avoid being responsible for that sort of devastation, it’s best to steer clear of anyone who may tip off the candidate’s current manager.

    Consider connections on LinkedIn as well before you call to make sure that the person you’re contacting has nothing to do with the candidate’s current role.

  5. Never Consider the Backdoor Reference To Be “Gospel”

    You can’t know if the person you’re calling has a personal vendetta against your candidate or if they’re even really qualified to talk about them. Take everything said with a grain of salt.

    The person providing the reference knows it’s off the record, so they might be tempted to allow personal grievances or ambitions to come through. Ask yourself, “Would they put what they said in writing?” If the answer is no, discount the drama of what they said significantly.

    It’s also a good idea to make sure at least one other person corroborates the report you get from a reference, especially if it’s overwhelmingly positive or negative.

    In other words, if you have one person enthusiastically gushing about the candidate and another who has nothing positive to say about them, try to get in contact with at least one more reference to see what they have to say.

  6. Never Make a Decision Based Only on References

    Often, receiving negative feedback can cause you to drop a candidate instantly. At the same time, positive feedback often means that you mentally advance the candidate.

    Of course, this is the point of reference checks, but when you’re conducting backdoor reference checks, the information you receive can be a bit sketchy. Use the information you receive as just one part of the full picture rather than as a single deciding factor.

  7. Never Fail to Dig Deeper on a Negative Reference

    If you get a negative reference, don’t write the candidate off immediately. Dig deeper and look for situational circumstances that could have put that employee at a disadvantage.

    For instance, was there a cultural misfit? Is the manager a micromanager? Many successful professionals won’t stand being micromanaged and can end up annoying their bosses.

    Are you being given emotional stories or situational examples rather than reliable and relevant metrics? Read between the lines and look for reasons why the candidate received a bad review. Better yet, ask the candidate directly. Ensure you always get the full picture.

  8. Never Forward Reference Checks to a Client That You Wouldn’t Forward to the Candidate

    This one is for recruiters. A candidate has the right to any reference check information that was forwarded to a client. If you don’t want to divulge what information you got or from whom, do not forward the information you received to an employer.

    This is important because a candidate may be able to sue for defamation if you’ve provided information to a third party that you will not release to them.

    If you need to share information with a client that you aren’t comfortable sending to the candidate as well, have the employer call the reference directly.

  9. Never Assume People Stay the Same

    Most reference checks can go back ten years. Ten years is a long time. Just because someone had difficulty with an issue then doesn’t mean that they still behave that way today.

    If you’re concerned about something, ask references that worked with the candidate more recently for specific examples of how the employee may have changed.

    For instance, if an older reference admits the candidate had trouble getting along with other people in the office, ensure you ask more recent references a question along the lines of, “Can you give me an example of how Melanie got along with other people in the office?”

Backdoor reference checks are an important part of confirming a candidate’s suitability for a role, but make sure you do them with consideration and stay within the bounds of the law.

How to Assess a Back Door Reference’s Credibility

Backdoor reference checks are useless if you can’t vouch for the reference’s credibility. Here are some things to consider when assessing how reliable a reference is.

  • Is their experience with the candidate relevant to the position you’re hiring for?

  • How are they related to the candidate, if at all?

  • Is there a potential for a hidden agenda or vendetta?

  • Is this a well-respected employer or professional?

  • Does the reference have legitimate data to back up their claims?

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Backdoor Reference Check FAQ

  1. Are backdoor reference checks legal?

    Yes, backdoor reference checks are legal as long as the candidate has given you permission to conduct them.

You don’t necessarily have to clear every reference you’re going to talk to with the candidate, but you do have to make sure they know you’re conducting these checks and that they’ve given you their explicit consent.

A candidate not giving their consent for these additional checks may sound sketchy at first, but some people may have legitimate safety or privacy concerns that prevent them from doing so, and you have to respect that.

  • Can you check references without consent?

    No, you cannot check references without consent.

  • You need to get the candidate’s permission to reach out to references, and you cannot contact anyone they have asked you not to.

    This is especially true in regard to current employers, as you can put the candidate in a bad situation by reaching out to an employer who doesn’t know the candidate is looking for jobs.

  • What should you not say during a reference check?

    Don’t discuss or ask about any personal details about the candidate.

  • This includes age, race, gender, marital status, ethnicity, sexual orientation, etc.

    It’s illegal to ask job candidates’ or their references for this information, as using it to make a hiring decision is discrimination.

    Author

    Caitlin Mazur

    Caitlin Mazur is a freelance writer at Zippia where she has written 140+ articles that have reached over 1 mil viewers as of June 2023. Caitlin is passionate about helping Zippia’s readers land the jobs of their dreams by offering content that discusses job-seeking advice based on experience and extensive research.

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