Illinois 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
Generally, an employer is not prohibited by law from providing truthful information about a former employee to a prospective employer. The law has little reason to discourage employers from providing their honest assessments of an employee's performance, regardless of whether this assessment is good or bad.
In general, under Illinois law an employer can give out negative information about you in a job reference. This is as long as the information they give out is truthful and related to your job performance.
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?
Many people think of them as an afterthought or are convinced that it's illegal for their previous company to say anything about employees other than to confirm their dates of service and job title. In fact, companies and individuals can say anything they want to in a reference check, as long as it's true.
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
As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.
An employee may seek review of his/her personnel records up to one year after leaving employment. Although certain documentation is exempt, an employee must be provided an opportunity to inspect his/her personnel records.
Employers can usually be truthful during a reference check, but they should be aware of their rights and responsibilities under state law. There are no federal laws that address what an employer can or can't say about a worker.
Can I copy my personnel file? Yes, you are allowed to obtain a copy of the information or part of the information contained in your record. Your employer is allowed to charge a fee for providing a copy, but this fee must be limited to the actual cost of duplicating the 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.
