Prospective employers can ask for performance reviews

Published 10:10 pm Thursday, September 23, 2010

Q: My husband was laid off from his job this past May. Recently, a potential employer in Missouri requested his performance reviews. Is this legal?

B.B., Heraldnet reader in Evansville, Ind.

Answer: When companies request additional information about a job candidate, they do it for one reason: They like you and want to learn more about your background. In this case, the organization clearly values your husband’s experience. This is good news.

At the same time, I understand your concerns. It’s important to protect yourself and your family. While employers seek out qualified job candidates to fill their positions, savvy job hunters conduct their own searches. They look for excellent career opportunities, fair compensation and positive work environments. They expect to be interviewed and selected through lawful hiring practices.

I’m glad to respond to your question about the Missouri labor market, but since my local readers reside in Washington, I contacted government resources on employment standards in both states. Neither location has specific regulations on this topic. However, like most places in the U.S., Washington and Missouri are employment-at-will states. Businesses maintain all workplace rights including hiring, firing, working conditions and compensation, unless they are considered discriminatory or mentioned in an employment agreement (such as a union contract).

Therefore, an employer may ask for anything they choose as long as they don’t use it to discriminate against a prospective employee. (Note: If you suspect discrimination, contact the appropriate government agency or an attorney that specializes in employment matters).

Getting back to your situation, your husband can refuse to send his appraisals. But it could put him out of the running for a great job. Tell him to consider his reasons carefully before turning down the request. Is he worried about privacy? Afraid that his former employer won’t release the documents? Possibly there is something mentioned in the performance record that worries him. Did he perform poorly in his last job? Fail to appear for scheduled shifts? Miss deadlines? If so, he still has a chance to redeem himself.

If your husband decides to submit the documents, I would advise him to send a letter to the new employer. In the note, he can highlight his strengths and, if necessary, tactfully address negative aspects of his work history. Here is some sample text:

“Recently, I had my previous supervisor send my performance appraisals per your request. I was pleased to provide further details about my background, and believe that my enclosed resume will give you a broader view of my accomplishments and training.

“I learned a lot during my time with my former employer. However, I realize that I could have offered more tangible improvements to the team. Since leaving the organization, I have re-evaluated my priorities and restored my enthusiasm for the industry. I am committed to meeting deadlines, exceeding performance goals and making a positive difference in the workplace.

“I welcome the chance to demonstrate my work ethic and expertise to you in person, and will gladly travel to your location for an interview at your convenience.”

If your husband chooses his words and actions carefully, he can benefit from this exchange, and stand out as an honest, hardworking and extremely valuable job candidate.

Eve Nicholas can be reached at Eve.GetAJob@gmail.com