Florida Applicant Authorization for Reference Checks
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How to fill out Applicant Authorization For Reference Checks?
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FAQ
Florida Background Check Laws Unlike some states, state law does not limit employers' ability to conduct criminal background checks in Florida. There are no statewide ban-the-box or fair hiring laws in Florida, although some counties and cities have their own ban-the-box and fair hiring laws.
There is no limitation on the pre-employment references that can be contacted unless the candidate specifically requests this. However, no reference checking whatsoever should be done without the written consent of the candidate.
You haven't asked your references for permission.Always ask for permission to use someone as a reference, and give them as much information about the jobs you're applying for as possible.
Best practices for conducting reference checksNotify candidates at the start.Get consent before reaching out to references.Be intentional.Let references know their answers are confidential.Avoid questions about a candidate's personal life.
If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.
Ethicallyand often legallyyou should always obtain permission before screening anyone. So the short answer is no, you can't run a background check without permission.
Florida law does not prohibit employers from providing any information about employees as long as it is truthful; however, employers may be liable if they give negative information in a reference that the employee disputes. Thus, employers may wish to avoid giving extra information to reduce their risk of lawsuit.
While Florida law does not do much to restrict employers from conducting criminal background checks, federal law does provide applicants with some limited legal rights. Under the Fair Credit Reporting Act (FCRA), employers must obtain consent from applicants before they access a criminal background record.
Here are some of the questions that may be asked during a reference check:When did (name) work for your company? Could you confirm starting and ending employment dates?What was her/his position?Could I briefly review (name's) resume?Why did (name) leave the company?What was her/his starting and ending salary?
Although consent from the applicant is not required for reference checks, a prospective employer may still wish to obtain written consent, especially if the prospective employer intends to contact previous employers who are not listed as referees.
