With the job market being competitive, potential employers are finding ways to differentiate between the numerous good candidates seeking a job. Although some employers have traditionally not called references in good times, reference checks are often used in bad times to help make critical job hiring decisions. Employers in down times have less resources to recover if they hire poorly so they nit-pick more over job seekers.

If you are looking for a job, there are a few things to note about your references.

Ask first. This seems really simplistic but if you do not ask and receive permission to provide a POSITIVE reference, they may be caught off-guard which tips off an employer that: (i) you do not respect people’s time; (ii) you are not prepared; and (iii) you are potentially self-centered.

There are laws about what previous employers can and cannot say about you on reference checks in certain jurisdictions. On a very general basis, ex-employers cannot lie and, fearing litigation, basically indicate when you worked and that’s it. Thus, it is important you confirm someone will give you a positive reference by asking first.

Keep it current: I tend not to call any references where the job applicant has not worked at the employer for more than a year. The memory is too stall and a lot of things have changed in the past year. If you have been unemployed for a long time, this is another reason to volunteer. The volunteer organization can provide a more current reference for you and volunteering tells the potential employer you have a strong work ethic and a sense of community- both key factors in landing a job.

You are going to have a hard time finding a job if you have no references from your previous employer. It is a troubling sign to a potential employer if you have no confidence that a previous employer will say something positive about you. If you are listing a previous employer, make sure whatever story you tell in the interview about why you left is consistent with what the employer will be telling your potential employer.

The “gotcha” trend in reference checking is to call co-workers or supervisors who are not on your reference list and to ask questions (welcome to a world run by TMZ). This may not be particularly fair but it reinforces the old saying that you should never burn any bridges in life. If the employer comes back and asks you why an off-reference list person gave you an indifferent reference, avoiding bad-mouthing the person and indicate you never saw eye to eye on matters.

If you truly left on terrible terms with your ex-employer, be pro-active and bring it up in the interview. On a factual basis, tell your interviewer what happened without being bitter and what lessons you have learned. Then list a former co-worker as a reference who can attest to the context of why your last employment experience did not go well (“Charlotte had a difficult boss but she fought through it to be a productive part of the team”).  It is better than the potential employer being surprised during a reference check.

Brief your references. If you are past the initial screening interview, you may want to speak to your references on the type of job you are looking for and what the employer is asking. If they keep probing about your technical skill or lack of experience, your reference should be able to address those questions constructively (“she’s carries herself far beyond her years” or “he picks up things quickly and learns a lot by observing”).

You may want to have a friend call your references to see how they perform and what they say. Most people do not give references for a living so sometimes the wrong things are said out of nervousness (“Jim’s a great guy. We use to close up every Friday night drinks in the company lounge just drinking and talking until they kicked us out.” Oops.)

Avoid bunching your references to one employer or organization. This may be harder for young workers looking for a job but the cold hard truth is that employers look for any reason to reject a candidate. References from one employer, especially in  a job where you did not work long, could raise suspicion that you were a one hit wonder or you have no life outside work.

Try to spread your references among employers, suppliers, customers and community organizations. It shows you are generally well respected by many different groups. In the legal profession, the best references are often from opposing counsel who respected how you conducted yourself.

Best of luck.