Arizona Employment Reference Release

State:
Multi-State
Control #:
US-164EM
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes an employer to depart from standard company policy when responding to reference requests.

How to fill out Employment Reference Release?

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FAQ

In Arizona, Arizona Revised Statutes 23-1361 allows an employer to provide to a prospective employer information concerning a person's education, training, experience, qualifications and job performance.

There is no legal obligation on an employer to provide a reference, but if they do, it must be fair and accurate.

In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.

Can I see the reference that my previous employer wrote? Your previous or current employer do not have to automatically show you a reference they have written about you. Once you start a job with a new employer, you can ask them for a copy of any reference they have been given from your previous employer.

Yes, an employer can refuse to give you a reference. Employers are not obliged to give their current and former employees.

In any case, if you ask for a reference and your boss says no, consider that they did you a favor. Regardless of why your manager won't give you a reference, the important move for your career is to find substitute references, so that you can prove to a prospective employer that you're someone people will vouch for.

Unless your business is regulated by the Financial Services Authority, generally there is no legal obligation on an employer to provide a reference for an employee or ex-employee and you are entitled to refuse to provide one.

An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.

If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.

The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.

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Arizona Employment Reference Release