California Employee Authorization to Release Reference Information
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How to fill out Employee Authorization To Release Reference Information?
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FAQ
California is among the states that have enacted reference immunity laws. Under California law, truthful communications about job performance or employment qualifications of a current or former employee are privileged as long as the communication is based on credible evidence and made without malice (Cal.
Things like job applications, criminal background checks, credit histories, complaints and commendations all contain potentially private information about an employee, and if an employer carelessly discloses them, the employee can bring a claim for invasion of privacy.
Employment verification queries may include the following:The employee's start and end dates.Job title or position with the company.Reason for leaving the company.Income verification for the employee, including salary information (Prohibited in California)Job performance.More items...
Courts have held that an employer cannot report mere rumors or workplace gossip in a reference to prospective employers. So, even if a former employer believes something is true, they cannot report it to a prospective employer unless they have reasonable grounds for believing in the truth of the statements they make.
Former Employers Have a Qualified Privilege260dThe dates of the worker's employment, Their job title, and. Whether they are rehirable.
Providing a Reference They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own. Even if you were not a model employee, most employers do not give specific details about your conduct while on the job.
To avoid liability, many employers limit reference information to basic facts, such as dates of employment, job title, and whether the former employee is eligible for re-hire. California law permits former employers to state whether they would re-hire a person if they are asked by a potential employer.
What Information can an Employer Release for Employment Verification?Job performance.Reason for termination or separation.Knowledge, qualifications, and skills.Length of employment.Pay level and wage history (where legal)Disciplinary action.Professional conduct.Work-related information
Candidates should have given permission, generally, for reference checking to be conducted. Reference checkers should not reach out to anyone the candidate has expressly asked not be contacted. Reference checkers should not contact references from a candidate's current employer without express permission.
