ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, October 9, 1994                   TAG: 9410180004
SECTION: BUSINESS                    PAGE: F2   EDITION: METRO 
SOURCE: CAMILLE WRIGHT MILLER
DATELINE:                                 LENGTH: Medium


DID YOUR EX-BOSS BLACKBALL YOU? YOU'RE OUT OF LUCK WITHOUT A LAWYER

Q. After six years, I left my job with a recommendation stating I'd been an exemplary employee. However, when references were checked, the same boss gave bad references. When confronted, my ex-boss admitted the bad references, and he continues to give them.

A. Bayard E. Harris, founder and president of the Center for Employment Law, finds that "consistency in behavior is the hallmark of good management." Contradictory references suggest management problems or unresolved conflict.

Perhaps your ex-boss, unhappy with your work behavior, didn't want to hurt your feelings; wavering behavior produced contradictions between the letter and his later statements. Or your former employer may not understand legal limits and obligations regarding references.

Harris, a lawyer whose firm often represents employers, cautions that employers are subject to charges of "negligent hiring if they fail to make reasonable inquiries about prospective employees." As you've discovered, nearly all companies will check references in compliance with the law.

He provides this general advice to managers: "Respond to all reference requests with a neutral reference that includes only verification of past employment, title, salary and length of employment." Such a policy avoids claims of defamation.

If your former employer's negative recommendations prevented you from gaining employment, you may have protection under a blacklisting statute. Harris noted that such laws forbid "willful attempts to prohibit someone's future employment" Harris said these statutes do "allow truth telling."

If you believe you have been denied jobs because of such attempts, consult a lawyer. Be prepared to demonstrate that statements included in later references were untrue and that you were denied employment based on those statements.

At a minimum, you can discuss a letter from your attorney requesting the negative references be stopped.

Q. I find it difficult to pay attention in committee meetings, because I'm eager to make points about issues on the table. What's being said doesn't always register with me.

A. Unfortunately, you aren't unique. Useful information is shared in committee meetings; it's a disservice to oneself to miss communication.

Review agendas in advance and construct response sheets. For each agenda item note relevant and significant observations you want to discuss.

When meeting, listen to others first. If your points are mentioned, check the item off your list. If new thoughts occur as the meeting progresses, make quick notes on the response sheet. At the end of the item discussion, bring up all items on your list that haven't been mentioned. This method requires that you listen closely, encourages thoughtful statements and allows mention of earlier arguments that strengthen your points.

Your remarks will carry more weight, since you aren't heard from as often. When you do speak, you'll offer the additional wisdom of patience and evaluation.

Q. I'm never sure what kinds of questions to ask and which to avoid when interviewing job candidates.

A. Interviews are opportunities to determine if someone will make a good addition to an organization. While impossible to know candidates fully after interviews, good conversation leads to better understanding of potential employees.

Good interviews should feel like unrehearsed conversations, but preparation is of value. Before the meeting, list technical skills and work habits necessary for the position. Note items on the resume that spark interest and curiosity.

Avoid unlawful questions, including those pertaining to race, sex, national origin, age, family (including marital and parental plans), disability, religion and ethnicity. Write down all questions you plan to ask and invite your company's human resources or personnel manager to review them in advance of the interview. This would ensure that no unlawful questions are inadvertently included.

Put the candidate at ease. Begin with small talk and progress to discussing something of interest from the resume. Genuine interest in responses results in more telling answers.

When discussing technical skills, ask questions at the heart of the knowledge base. Talk about work patterns in the company and ask how the candidate's work style fits with these.

Ask the individual to describe his or her best educational and professional experiences, ask what the candidate knows about the company and ask the candidate to talk about a significant accomplishment. Finally, allow the candidate to ask questions.

At the end of the interview, inform the candidate of the hiring time frame. Once the hiring decision has been made, be sure to inform prospects who weren't hired. Waiting is a hard task.



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