What's a better way to ask about someone's negative employee record?

Ask for the employee's prior performance reviews. Or, ask if any disciplinary actions were recorded in the employees file.

Well, basically you can't.

When I did reference checks, I would ask if the person would rehire the former employee. If I got a "Yes", fine - I was happy. If I got a "No", I would try and slip in some "leading" questions. "Was it due to their timeliness?" "What, was he/she a handful?". . . You know, try to make it casual, and rather light as if joking. You would be surprised how much you can find out by being a bit casual with another person.

Actually, companies now days are very against giving ANY reference - they will verify dates of employ, rate of pay, and final position. Other than that, you are lucky to get a thing. It is due to employees finding out about conversations. If a former employer gave a reference the employee didn't agree with, they basically got a slander suit handed to them on a silver platter. References directly effect a person's ability to make a living. If someone said something and an employee disagreed with it, the company took the hit. So they now give nothing. I am the very same way.

you can ask whatever questions you want.

most companies will limit what information they give you for fear of litigation.

there is no law preventing a company from releasing work related information if they choose to. there is certainly no law preventing anyone from asking for information.

you can ask for hire date, starting rate of pay, last rate of pay, job duties, termination date, reason for separation, you can ask if there were any disciplinary issues that related to policy violations, you can ask for performance evaluations, you can ask about promotions received and those promotions that were not.

many companies will not give information because they do not have proper documentation to up hold their decisions concerning the employees job performance. therefor they will not risk giving you information that may get back to the employee and then cause a conflict or a lawsuit. when you request this information do not request it from HR send your request to a junior member of management who may not know what to tell you and will give you more information then upper management or human resources will. if you don't get a response then carbon copy to HR and see what they will give you.

do not ask for negative information ask for all information and then you decide what is relevant. also asking for all information you put the request in a good light (a job reference) rather then it looking like you are digging up dirt.

1. Identify each and every record whether privileged or not as defined by the evidence code showing disciplinary reports, negative employee reviews, write-ups, negative reports, memoranda, studies both internal and external, suggestions, complaints, or any other documentation whether explicitly mentioned in this interrogatory or not relating to less than satisfactory employee performance.

Follow up with a document request for all of the stuff identified in the Rogg.

Provide copies of all documentation in X employee's company personnel file which would denote any negative performance issues, including, but not limited to, write ups, performance reviews, attendance records, verbal counselings which have been noted in writing to have occured.

Interrogatories don't need to be strictly questions, most are, but they can also demand documents. The above should get everything you need.

BTW, there is nothing illegal about a prospective employer asking a past employer about details of the employee's employment there. AND, there is nothing illegal about a former employer telling all, as long as its true. First of all, even lying about it would not be a crime, therefore anything I say is legal, but could get me sued civilly for slander or tortious interference with contractual relations. HOWEVER, if what I say is TRUE, the former employee would have no lawsuit period. If I fired someone for theft, and that was exactly why I fired him, then there's no slander because its TRUE. In order to be slanderous, it would have to be, by definition, false. That's a pretty common misconception, especially on Y!A, that previous employers can't say anything bad about you. They can, if its true and there's no lawsuit to be had.

normally people won't answer this type of questions honestly.

eg. i ever heard my superior taking enquiry calls from a co that my ex-colleague just joined asking his performance and working attitude. My boss didn't tell the truth that he actually have quite bad attitude (laziness) on working.

And one of my relative also ever received similar calls (from a well-known co) checking on her ex-colleague. She also didn't tell the truth (actually her ex-colleague was asked to leave the co due to bad attitude-always late to work, always call to office to take emergency leave without valid reasons, always on sick leaves, push works to others, did not have responsiblity sense, taking chit chatting over phone....).

i believe most of the time people would not speak ill of others if it relate to someone jobs. but i believe some will tell lies if he/she have a prejudice against the somebody, so it depends on the person who make the enquiry to wisely determine what is true and what is lies.

How many times did the employee receive a warning.

How many times did the employee receive a reprimand.

How many times did the employee receive a suspension.

How many days was the employee suspended.

How many times in the last year was the employee late for work.

--- didn't request leave in advance

had pay garnished

When was the employee disruptive to the work place.

Interrogatories, okay. I don't know how many of these questions are legal to ask.

Is this person eligible for rehire? Why or why not? to which they all will decline to answer.

I'm not sure but I would think that if a company put something like that down on paper then they could be sued for deformation of character, in the same way that a company can't give someone a bad reference.

You could try wording it like "If you could change one thing about employee X what would it be?

I would phrase it thusly:

Is there anything in this employees past or records I should know about before I hire them

Could you please attach or submit any information that would help me in my evaluation of said employee

If for some reason you feel this employee wouldnt benefit my company please submit.. Thankyou Jane Doe Co, Inc.