Often carried out at the end of the recruitment process, the reference check is a crucial step in validating a hire. It can be seen as the cherry on the cake... except that if the cherry turns out to be bitter, there is a good chance the cake will be too! 👀🍒 This step may seem simple, even secondary, but it is in fact a goldmine of information, or a minefield, depending on how you go about it. To help you navigate this delicate exercise, we give you the keys to effective reference checks for your recruitment: the legal framework, permitted questions, pitfalls to avoid, and the real reasons why reference checks can make all the difference.
1. The legal framework for reference checks: caution, sensitive area
Before reaching for your phone to call your ideal candidate's former boss, a reminder is in order: in France, reference checks are governed by the Labour Code (Code du Travail) (articles L. 1221-8 and L. 1221-9) to ensure that candidates' rights are respected.
👉 The candidate's consent is mandatory. You cannot check references without your candidate's explicit agreement. This consent must not only be requested but also documented in a written agreement. Ideally, add a clause to the application process explaining that reference checks may be carried out. In its Guide référentiel Recrutement , the CNIL (the French data protection authority) states that “collecting references from the candidate's professional environment (line managers, colleagues, internship supervisors, clients, suppliers, etc.) is permitted provided the candidate has been informed beforehand”. Companies must obtain the candidate's agreement before carrying out a reference check, even if the candidate has included referees' contact details on their CV.
👉 What information can you ask for? The law requires you to stay strictly within the professional sphere. Questions must therefore be limited to skills, experience and professional personality. It is forbidden to ask about the candidate's religious or political opinions or sexual orientation (yes, this seems obvious, but it is worth repeating). Any question of a private nature is strictly prohibited.
💡 Key takeaway: All information collected must be related to the position to be filled. If you feel you are asking a question more out of curiosity than necessity, ask yourself whether it is truly essential.
2. Why are reference checks essential in recruitment?
You have spent hours in interviews analysing your candidate's motivations, you have checked (almost) all their qualifications, and everything seems perfect. So why waste time on a reference check? Well, because it can play a decisive role in your selection, allowing you to validate certain key elements and clear up any doubts:
👉 Checking consistency: Even a perfect CV can always be embellished. References are there to confirm that the skills and experience claimed are real.
👉 Clearing up grey areas: as we know, recruitment interviews are moments when everyone shows their best side. References can give you a more nuanced view, especially if certain key skills were not demonstrated during the interview.
👉 Anticipating challenges: by asking the right questions, you can also discover areas for improvement or advice on how best to integrate your future employee. For example, if a former manager mentions that the candidate needed a significant adjustment period, this can help you adapt your onboarding.
3. The questions to ask (and those to avoid at all costs)
Reference checks make it possible to validate the candidate's professional skills (hard skills: technical, managerial, sales), interpersonal skills (soft skills) and past experience. It is important to prepare the questions you intend to ask in advance, so that your reference check does not turn into a clumsy interrogation. Favour open questions and ask for concrete examples, and avoid questions that are too leading or that will not give you information relevant to the position:
✅ Questions to ask:
- “How would you describe the way they work with the team?”: ideal for getting an idea of their behaviour in a group.
- “What were their main responsibilities and achievements?”: this question lets you check that what the candidate told you matches reality.
- “What are their professional strengths?”: perfect for identifying the strengths that will be useful in the role.
- “Are there any points to watch or any advice to help them succeed?”: an elegant way of raising areas for improvement, without negative connotations.
🚩 Questions to avoid:
- “Are they punctual, reliable or friendly?”: too vague and subjective, this question will not give you any truly usable information.
- “Why did they leave your company?”: this question may be seen as intrusive, especially if the departure was due to personal reasons or restructuring.
- “What is their personal situation?”: steer well clear of anything to do with private life, as it has nothing to do with the candidate's ability to succeed in the role!
4. Mistakes to avoid when checking references
Even a well-intentioned reference check can fail if certain mistakes are made. Here are the common pitfalls and how to avoid them:
- Taking “off-the-record” references: asking for information about a candidate without their explicit consent is a no go. Beyond failing to respect the legal framework, breaching the Labour Code will only tarnish your reputation with candidates. Always make sure you have written agreement.
- Asking leading questions: “Didn't you find that he struggled to meet deadlines?” This type of question can bias the answers. Stay neutral and factual!
- Confusing a reference with a personal opinion: the former manager's personal opinions have no place in the assessment. These opinions remain subjective and do not always reflect reality. Focus on concrete facts, such as projects delivered or objectives achieved.
- Not taking notes during the conversations: It is essential to note down as much information as possible during your conversations, so that you do not risk missing any key information.
5. The limits of the exercise: expectations vs reality
Reference checks are useful, but they have their limits. Here are a few things to bear in mind so as not to give them excessive weight:
👉 A point of view, not an absolute truth: referees often worked with the candidate in a very specific context. This does not mean that their experience reflects what will happen in your company.
👉 The risk of bias: some references may be influenced by external factors, such as internal competition or past conflicts. Bear in mind that everyone has their own perceptions, and just because a former manager had a difficult relationship with the candidate does not mean the candidate is not a good employee.
👉 A practice that does not guarantee everything: even an excellent reference does not guarantee that the candidate will be a perfect match. It is one assessment tool among others, which complements, but does not replace, your own judgement and observations.
Checking references wisely and in moderation 💡
Although sometimes underestimated, the reference check is a crucial step to make sure you are hiring the right candidate. By respecting the legal framework, asking the right questions and avoiding common mistakes, you can make it an asset for validating your intuitions. Do not forget, however, that this exercise has its limits and should be taken for what it is: additional information only, not an absolute guarantee.
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