# Reference check

General information, not legal advice.

## Step 1. Consent (before you contact anyone)

Send this to the applicant. Get it back signed or by email before you call anyone.

> **Consent to contact references**
>
> [Company name] would like to contact the references you name below. We want to learn about your work so we can decide on the [Job title] role.
>
> **Who we will contact:** only the people you list here. We won't contact anyone else without asking you first.
>
> **What we will ask:** your role, your work, your skills and how you work with others. We will not ask about your health, sick days, leaves, family, age, religion, origin, pay history or any other personal matter.
>
> **Who will see the notes:** [names or roles, for example the hiring manager and HR].
>
> **How long we keep them:** [X months] after we make a decision. Then we delete them.
>
> **Your choice:** you can say no, or take back this consent at any time by telling [name, email]. If you do, we may have to decide without references.
>
> **Questions:** [name, email].
>
> References:
> 1. [Name], [title], [company], [how you worked together], [phone or email]
> 2. [Name], [title], [company], [how you worked together], [phone or email]
> 3. [Name], [title], [company], [how you worked together], [phone or email]
>
> I agree that [Company name] may contact the people above for the reasons above.
>
> Name: ____________ Signature: ____________ Date: ____________

Ask for a mix, like a past manager, a peer and someone from another team. If they can't give a manager, ask who else saw their work.

## Step 2. Open the call

"Thanks for making time. [Name] gave us written consent to call you. I'll only ask about their work. You can skip any question. Can I send you a copy of their consent?"

## Step 3. Questions

Ask the same questions for everyone you check in a round.

### Their work

**1. What was [Name]'s role, and how long did you work together?**
Good: specific duties, projects and dates that match what [Name] told you.
Watch for: vague answers, or details that don't match.

**2. Tell me about a project where [Name] made a real technical contribution.**
Good: a specific story with a result.
Watch for: praise with no example.

**3. This role needs [two or three key skills]. Where were they strong, and where were they still growing?**
Good: a mixed, specific answer. "Great at system design, less time on frontend."
Watch for: "best engineer ever" with nothing behind it.

**4. What was their code like? How did they handle code reviews?**
Good: standards, care, and giving and taking feedback well.
Watch for: dodging the question.

### How they work

**5. How did they handle disagreements on the team?**
Good: they made their case with respect, then backed the decision.
Watch for: "stubborn" or "always had to be right."

**6. How did they explain things to technical and non-technical people?**
Good: they adjusted to the audience.
Watch for: a pattern of confusion or talking over people.

**7. Did they work better alone or with others? Can you give an example?**
Good: comfortable with both.
Watch for: no flexibility at either end.

**8. Did they meet deadlines and follow through on what they said they'd do?**
Good: a quick, clear yes with an example.
Watch for: "when they were focused..." Ask for a work example. Don't ask about sick days, leaves or why they were away.

### Growth

**9. What were they working to get better at?**
Good: real growth areas and progress.
Watch for: a gap in a skill this role needs.

**10. If you could change one thing about working with them, what would it be?**
Good: an honest, specific answer.
Watch for: "nothing." They may not have worked closely.

**11. Would you work with them again? In what role?**
Good: a quick yes with a role in mind.
Watch for: a pause, or a smaller role than the one you're hiring for.

### Closing

**12. Were there any formal concerns about their work while you worked together? You can tell me if you aren't able to discuss it.**
Good: a direct answer, with context if there was an issue.
Watch for: an issue that ties to this job. If it's about health, leave or family, stop and don't record it.

**13. Is there anything else about their work I should know?**
Good: "no" is a normal answer here.
Watch for: "Well, there is one thing..." Listen. Keep it to the work.

## Step 4. After the call

- [ ] Notes cover only the work.
- [ ] Nothing about health, leaves, family, age, religion, origin, pay history or other personal matters.
- [ ] Notes stored where only [names or roles] can see them.
- [ ] Delete date set: [date].

## Notes (general information, not legal advice)

1. Get express consent before you ask former employers about someone. A reference can ask for a copy of that consent. Source: OPC Case Summary #2007-382 (https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2007/pipeda-2007-382/).
2. Say why you're collecting info before you collect it. Collect only what you need. Use it only for that. Keep it only as long as needed, then delete it. Source: PIPEDA Schedule 1, principles 4.2, 4.3, 4.4 and 4.5 (https://laws-lois.justice.gc.ca/eng/acts/P-8.6/FullText.html).
3. Consent must be meaningful. The person must be able to understand how their info will be used. Source: PIPEDA Schedule 1, 4.3.2, and OPC Report #2012-003 (https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2012/pipeda-2012-003/).
4. BC: tell the person before you collect. Source: BC PIPA s. 13(3) (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01). Don't ask about past pay, directly or through a third party. Source: BC Pay Transparency Act s. 3 (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/23018).
5. Quebec: collect from the person unless they consent to you asking others. A written consent request must be separate from other information. Tell them the purpose and their right to withdraw. Sources: Quebec private sector Act ss. 6, 8, 14 (https://www.legisquebec.gouv.qc.ca/en/document/cs/P-39.1).
6. Base the hiring decision only on qualifications and job requirements. Source: OHRC (https://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/5-interviewing-and-making-hiring-decisions).