[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Response to Inquiry of Former Employee — Without Reference Dear [Recipient's Name], I hope this letter finds you well. I am writing in response to your recent inquiry regarding a former employee who has listed [Company Name] as a previous employer. I regret to inform you that our company policy prohibits the provision of reference letters or inquiries about previous employees, whether positive or negative. Due to privacy and liability concerns, we strictly adhere to this policy. However, I can confirm that the individual in question was indeed employed by [Company Name] from [Employment Start Date] to [Employment End Date]. Please note that during their tenure, they were subject to our company's policies and procedures, as well as performed their assigned duties with satisfactory results. If you have any specific questions regarding the applicant's job responsibilities or other factual information, I would be happy to provide those details, strictly limited to their official roles and without any opinion-based assessment. I would like to emphasize that our policy is in place to protect both our former employees and our organization from potential legal ramifications. We believe it is essential to treat all inquiries regarding former employees in a consistent and impartial manner. If you require any further clarification or additional information, please feel free to contact me directly at [Your Phone Number] or [Your Email Address]. I will be more than willing to assist you within the boundaries set by our policy. Thank you for understanding our position in this matter. Sincerely, [Your Name] [Your Title] [Company Name] Additional Types of North Carolina Sample Letter for Response to Inquiry of Former Employee — Without Reference: 1. North Carolina Sample Letter for Response to Inquiry of Former Employee (Positive Reference): This type of letter is similar in structure to the above response letter, but it is used to provide a positive reference. It contains details highlighting the employee's exceptional performance, skills, and qualifications during their tenure at the company. 2. North Carolina Sample Letter for Response to Inquiry of Former Employee (Neutral Reference): This type of letter provides factual information about the former employee without incorporating any opinion-based assessment. It acknowledges the employment period and job responsibilities but avoids offering a positive or negative evaluation of the individual. Please note that the primary focus of this response letter is on the general response to an inquiry without providing a character reference. The variations mentioned above may be relevant in different situations outside the context of North Carolina or specific legal requirements.
North Carolina Sample Letter for Response to Inquiry of Former Employee - Without Reference
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FAQ
There is no statutory or moral requirement upon an employer to provide a reference for a former employee. The exceptions are where the former employer has expressly agreed with the employee that a reference will be given as part of their negotiated exit conditions.
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 are no federal laws restricting what information an employer can disclose about former employees.
Your employer doesn't usually have to give you a reference unless: your contract says they will. you have written proof they've agreed to give you a reference - like an email.
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.
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.
Under North Carolina law, an employer is immune from liability for communicating information about the job history or job performance of a current or former employee in response to a request from the current or former employee or a prospective employer (N.C. Gen. Stat. § 1-539.12).
Yes, if you were fired, your employer is free to say you were fired. However, if you were terminated without cause for no real reason or business reasons like downsizing, then your employer can't tell that or imply that you were fired for cause for serious misconduct, otherwise it would be defamation.
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.
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.
