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The information an employer may provide includes, but is not limited to, the reasons for the employee's termination and information on disciplinary matters. An employer providing this type of information may be held legally liable only if it maliciously falsifies the employee's records.
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
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.
Florida, like states such as Virginia, has a job reference shield law which states that employers who disclose information about a former or current employee to another prospective employer upon request are immune from civil liability for such disclosure (or its consequences) unless it is shownby clear and convincing
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.
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.
Florida, like states such as Virginia, has a job reference shield law which states that employers who disclose information about a former or current employee to another prospective employer upon request are immune from civil liability for such disclosure (or its consequences) unless it is shownby clear and convincing
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.