Legal Question in Employment Law in California

Re: Privacy issue in checking references

You have a right to conduct a reasonable inquiry into the background of an applicant. This can include further investigation after an interview or upon receipt of any job related informaiton that would bear on a lawful anaylsis of an applicant. You should have an authorization to conduct such a background investigation as part of your application which should be broad enough to include information not specified on the application. Of course, any information that is unlawful to seek as part of a written application (age, race, gender, etc.) may not be the subject of your investigation.

Re: Privacy issue in checking references

Maybe, as long as you don't do or say anything that violates the candidate's rights or the law. You should consult with an experienced attorney for thorough guidance in this area, as it would be money well spent to avoid problems and threats of lawsuits against you.