Delaware Employment Reference Release
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How to fill out Employment Reference Release?
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FAQ
There is no legal obligation on an employer to provide a reference, but if they do, it must be fair and accurate.
Your previous employer is under no legal obligation to provide you with a reference. However, there are several exceptions in which you may be entitled to one: An employer must give you a reference if there was a written agreement to do so.
Any request for a copy of your reference should be directed at the recipient of the reference, not the writer. This is because data protection law contains a special exemption for the writer of a confidential work reference (although a reasonable employer may volunteer a copy, especially if it is largely factual).
There is no legal obligation to provide a reference except in a few sectors, such as financial services, but any reference that is provided must be true, accurate and fair. Your employer owes a duty both to you and any prospective employer.
To request a copy of your reference, you will need to make a subject access request in writing to your new employer. They will then consider if any exemptions apply and if they can release the information to you.
Employment references should be marked as 'Strictly confidential - employment reference' to ensure that the exemption can be applied by sender and recipient. Care must always be taken when providing references about employees to prospective employers or recruitment agencies.
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.
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.
Check your own references. If you have a friend who owns a business or has an office number, ask him to call your former employers. Ask your friend to contact each one of your former employers to request verification of employment dates, rehire eligibility and job performance.
Yes. References should be marked "confidential" and for the attention of the addressee only.
