Maryland Applicant Authorization for Reference Checks
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How to fill out Applicant Authorization For Reference Checks?
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FAQ
What about reference checks? If you haven't called the list of former employers provided to you by the candidate you may be making a huge mistake. Reference checks shouldn't be considered a formality or a nuisance, they are essential to the hiring process.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
An employer does not have to give a reference by law unless it's: in writing that the employer will provide one.
General information, such as hire and termination dates. Information about the employee's job performance. The reason for the employee's termination, if applicable. Examples of misconduct or workplace violence, especially if a minor or vulnerable adult was put at risk.
Though there isn't a specific law requiring that you check a candidate's references, courts have held employers liable for negligent hiring for certain acts of their employees, which the employer knew or should have known might occur.
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.
There is no Maryland law preventing an employer from proving a reference for a former employee. There is no Maryland law that provides that an employer can only provide dates of employment and position held in response to a reference inquiry.
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
There is no Maryland law that provides that an employer can only provide dates of employment and position held in response to a reference inquiry. An employer, under Maryland law, can provide an employee reference that may not be true but not considered defamatory because of a qualified privilege.
There are no federal laws restricting what information an employer can - or cannot - disclose about former employees. If you were fired or terminated from employment, the company can say so. They can also give a reason.
