Legal Question in Legal Ethics in North Carolina
Pre-employment reference checks beyond those listed by applicant
What are the legal/ethical ramifications of the following scenario: An educational institution is checking references on candidates for an administrative position. No governmental security clearance is required for the position. The prospective employer contacts a candidate's listed reference(s). During the normal questioning about the candidate, the prospective employer asks this ''primary'' reference person for names of people that s/he believes know and/or have worked with the candidate. The prospective employer then contacts these ''secondary'' reference(s) and asks about the candidate. The process may even be repeated at the secondary level to find ''tertiary'' reference(s). The point being, only the primary references were actually provided by the candidate, while the secondary and tertiary references were not.
1 Answer from Attorneys
Re: Pre-employment reference checks beyond those listed by applicant
If a university behaved that way in Tennessee, the only state where I am licensed, I would advise the client to terminate his or her application and do something to publicize the university's unethical behavior. Complaining to the regional accrediting commission won't do any good, because fishing for further references is not illegal and not the kind of matter about which they care. I would advise a Tennesse client to consider writing a letter to the editor to newspapers across your state -- if you don't mind the additional publicity yourself.
As to nonlegal advice, you already know that you should not use for references people who would agree to give a questioner additional reference sources.
Mike Guth
http://riskmgmt.biz
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