Michigan Sample Letter for Response to Inquiry of Former Employee - Without Reference
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FAQ
If you think your employer will give you a bad reference or won't give you one at all, you could ask someone else to give you a reference instead. Look for jobs that don't need a reference from your most recent manager.
ALWAYS ask references about a candidate's workplace behavior, ethics and the reason that they left the company. ALWAYS be vigilant for evidence that a reference is not telling the whole truth about a candidate.
Be Specific. Be specific in what you're asking your former colleague to do for you. If you want to list his name and contact number as a reference a potential employer can call, he has to be open to discussing your professional work history.
If the company is on a directive not to provide a reference to you outright, consider seeking out a manager or someone you worked closely with who has since left the company. This person, now no longer with your former employer, won't feel the same pressure to not give you a reference.
There are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation. And with good reason.
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.
Michigan has a reference immunity law. Under Michigan law, employers are immune from liability if they, in good faith, provide information from the employee's personnel file in response to a request from the current or former employee or the prospective new employer (Mich. Comp. Laws § 423.451 et seq.).
Candidates should have given permission, generally, for reference checking to be conducted. Reference checkers should not reach out to anyone the candidate has expressly asked not be contacted. Reference checkers should not contact references from a candidate's current employer without express permission.
A former employer can legally refuse to give information concerning an employee other than his official title and the dates he was employed. While this is legal, it's generally considered just as bad as giving a negative review, according to reference resource website References-Etc.
If your old employer doesn't want to give you a reference, you could ask them just to give a short one - known as a 'basic reference'. For example, they could confirm when you worked for them and what your job title was. A lot of employers only give basic references, so your new employer won't think it's unusual.
