Mississippi Employment Reference Release
Description
How to fill out Employment Reference Release?
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FAQ
Regardless of their performance, are companies or managers obligated to provide reference letters to employees? Segal No, there is no law that makes it illegal to provide an evaluation, whether it be positive, negative or somewhere in between.
Busted. 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.
Check your own references. If you have a friend who owns a business or has an office number, ask him to call your former employers. Ask your friend to contact each one of your former employers to request verification of employment dates, rehire eligibility and job performance.
To request a copy of your reference, you will need to make a subject access request in writing to your new employer. They will then consider if any exemptions apply and if they can release the information to you.
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.
Any references given by an employer will normally be protected by qualified privilege, unless employees can prove that the employer deliberately or recklessly made a false allegation about them.
To turn them down politely, you could write: I'm sorry, I don't feel I have worked with you long enough to provide you with an accurate and thorough recommendation, but I wish you all the best with your job hunt.
There is no strict legal obligation for an employer to provide a reference letter of any kind. If, however, a court finds that an employer's refusal to provide a reference amounted to bad faith conduct that caused the employee harm, this may entitle the employee to aggravated or punitive damages.
If your employment has been terminated and your employer has refused to issue a reference letter, you may wish to seek legal counsel to assist you with corresponding with your employer to highlight the legal liabilities associated with such a refusal.
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.
