Massachusetts Employment Reference Release

State:
Multi-State
Control #:
US-164EM
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes an employer to depart from standard company policy when responding to reference requests.

The Massachusetts Employment Reference Release is a legal document used in the state of Massachusetts to obtain and provide job references for current or former employees. It serves as a written authorization for employers, prospective employers, or other entities to contact previous employers to inquire about an individual's employment history, performance, qualifications, and other relevant information. The primary purpose of the Massachusetts Employment Reference Release is to protect employers from potential liability when providing accurate and honest job references. This document ensures that employers can freely share information without fear of facing defamation or other legal claims by employees or former employees. Through this release, employers can provide helpful insights to prospective employers, contributing to an effective hiring decision-making process. Different types of Massachusetts Employment Reference Releases may vary according to their specific intended use or purpose. Some common variations include: 1. General Employment Reference Release: This is a standardized release form that authorizes employers to provide references to any interested party inquiring about the employee's work history and qualifications. 2. Confidentiality Employment Reference Release: This type of release allows employers to share employment information but sets limitations on certain confidential or sensitive information. It outlines specific categories of information that may or may not be disclosed during the reference check process. 3. Limited Employment Reference Release: This release restricts the scope of reference checking to selected individuals or organizations, typically specified by the job applicant. It allows employers to control who can contact previous employers, ensuring confidentiality and privacy. 4. Specific Employment Reference Release: This type of release is tailored for a particular job application or opportunity. It typically identifies the receiving employer by name and includes other relevant details (e.g., job title, period of employment) to facilitate a targeted reference check. 5. Focused Employment Reference Release: This release narrows down the inquiries to specific aspects of an employee's performance, such as skills, achievements, or professional conduct. It streamlines the reference checking process by requesting detailed information in specific areas of interest. 6. Exempt Employment Reference Release: This type of release provides certain legal protections for employers, stating that they are immune to legal claims arising from providing references, as long as the information shared is in good faith and without malice. It is important to note that the above descriptions are general in nature and specific requirements for Massachusetts Employment Reference Releases may vary. Individuals and employers using such releases should consult an employment attorney or legal expert to ensure compliance with Massachusetts state laws and regulations.

How to fill out Employment Reference Release?

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FAQ

Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.

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.

ATTORNEY ANSWER: Unfortunately, the law in Massachusetts does not expressly protect you from a bad job reference. Your former employer is free to say what it wants about your work performance with few restrictions.

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.

Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. 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.

Call the human resources department and tell the representative when you worked there. Ask about the process for obtaining a copy of your file and then ask what is the company's practice for providing references and whether you're eligible for rehire.

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.

There is no legal obligation on an employer to provide a reference, but if they do, it must be fair and accurate.

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.

These employers are immune from liability (that is, they may not be sued) for providing reference information about current or former employees, including the employee's employment history and reasons for termination.

More info

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Massachusetts Employment Reference Release