How Not to Fuck Up a Perfectly Good Chance to Hire Someone
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What instances could I have turned up with a reference check?
1 - We had a salesman who wouldn't pick up the phone. We could have gotten some clues on if his performance to quota what the resource claimed. During the sales interview it's ok to ask for precise performance against quotas, and it's fair game to confirm with references.
2 - We had an engineer with extreme personality conflicts, who actively subverted his coworkers. It was to a level that it would have turned up previously, and we may have been able to suss this out.
How would I have gone about this?
1 - Asking "Given the opportunity, would you hire this candidate again?" (Every once in a while you won't get an enthusiastic "Yes!" and this question won't get the reference in legal trouble.)
2 - Asking very specific questions about specific contributions that the candidate claimed.
3 - Going to a mutual friend during the reference check. (Note: You can't ethically do this if you are poaching someone who is not public about their job search)
Also, the recipient of the call doesn't need to answer anything they don't want.
I think the bigger ethical issue is asking references who the candidate hasn't prepped. (You can hurt them if they're interviewing in confidence)