{ "media_type": "text", "post_content": "So, I’ve received a written offer, but it’s contingent on a background/reference check, I’m fine w/ that, but I don’t want the new place to contact my current employer. Does the below mean they can?", "post_id": "5db324ba9021e90022c06169", "reply_count": 25, "vote_count": 2, "bowl_id": "5565cfca8b2b9a03009acf57", "bowl_name": "Advertising", "feed_type": "crowd" }

So, I’ve received a written offer, but it’s contingent on a background/reference check, I’m fine w/ that, but I don’t want the new place to contact my current employer. Does the below mean they can?

like
Posting as :
works at
You are currently posting as works at

The only thing they can ask your current employer is to confirm if you’re employed there. And the 3rd Party doesn’t identify why they’re asking. It could be because you’re buying a house. Mostly you’re over thinking. This is standard practice and you’ll be fine.

likehelpful

Ok! Thank you! Trying to be cautious. That helps for the background check portion!

If you’re currently employed they would be highly unethical to do this. Give them a trusted colleague in the industry. Or previous employer.

likesmart

For the references, I have two people who previously left the company and one from my previous job in mind! So definitely not planning on giving them anyone from my current job! Just want to make sure with the language I posted above and how on the background check site, it doesn’t specify in the paperwork at the end that they won’t contact my current employer, even though I’ve said not to!

Strike through and initial any terms, phrases and language you don’t authorize. Only sign when you agree with all language 100%.

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Okay, I can do that on one form (with the language above).
But do you know about the background check? It’s with a separate third party (Good Egg). And there’s no option for that on the final paperwork. I did indicate not to contact my current employer, but not sure if I have to worry about the paperwork at the end?

Just ask them not to call your company.

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I have asked them to I just want to make sure that they like definitely won’t! Don’t want to jeopardize my current job if for some odd reason this didn’t work out!

🚩 for me here is “releasing all claims and liabilities” - never sign all your rights away.

also, “disclosing all letters, reports and other information” - WAY too vague and all-encompassing. that could literally mean performance evaluations, any and all notes HR has on file about you, etc. your current company would have to willingly release that info, (which, i’m honestly not sure it’s legally permissible for them to do...), but you’re leaving that option open - and maybe even consenting to the release of that information by signing that document as-is.

also make sure to check the rules of your city and state. companies are barred from asking for some information about candidates. but it doesn’t mean they won’t try or have a crafty method of getting it without using impermissible language.

follow the advice of ED1 and strike through language you don’t consent to. you can also specify, as ML1 suggested, that they not contact your current employer - I would actually write that into the document, as well as requesting it verbally.

let your contact at this company know how excited you are about joining them, but be transparent about your concerns with the doc as is. and let them know that’s why you’ve made some adjustments to the language.

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Andddd the NDA seems like they want rights to everything I ever create (not just at work). How does a company that’s supposed to have creative people at it, have anyone who signs that??

Wow I’ve never seen such inquisition. It’s typically against the law for a former employer to say anything derogatory about you. You can sue them. The worst they can do is just confirm your role and when you worked there. Are you on bad terms?

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It looks like it is a junior HR Person. And I just got the NDA 😬😬😬😬 it’s a lot

Most places that do this are smart enough to not call your current employer. But always double check and confirm they won’t.

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“I hereby authorize ____ to thoroughly investigate my references, work record, education and other matters related to my suitability for employment and, further, authorize the references I have listed to disclose to the company any and all letters, reports and other information related to my work records, without giving me prior notice of such disclosure. In addition, I hereby release ______, all claims, demands or liabilities arising out of or in any way related to such investigation or disclosure.” Is this a red flag to anyone?

Additionally, the separate background check allows me to check no to contacting an employer, but the paperwork at the end doesn’t specify.

Thoughts?

Just ask what is included

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