Michigan 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
Under the Data Protection Act 1998 (DPA), your employer must make sure your personal data or information is 'processed' in a fair and lawful way. Processing includes obtaining, recording, storing, sharing, deleting and otherwise using information.
Grand Rapids, Michigan's New Ban-The-Box Law Under Michigan state law, an employer may inquire into pending felony charges before a conviction or dismissal, and may ask applicants whether they have ever been convicted of a crime.
Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.
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.
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.
An Authorization to Release Employee Information Form is a document that should be completed by an employee to allow their former employer to release their employment information to prospective employers.
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.).
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.
Generally speaking, it means that as long as a former employer offers honestly held opinions about a former employee or states a documented fact about that person, there's not much a former employee can do about it.
