North Carolina Employment Reference Release

State:
Multi-State
Control #:
US-164EM
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes an employer to depart from standard company policy when responding to reference requests.

North Carolina Employment Reference Release form is a legally binding document that allows employers in North Carolina to provide reference information about a former employee to potential employers or other authorized parties. It is an essential tool in the hiring process, as it provides valuable insights into a job applicant's past work experience, performance, and qualifications. It is used to verify and validate the information provided by candidates, ensuring employers make informed decisions during the hiring process. The North Carolina Employment Reference Release form typically includes relevant keywords such as: 1. Employee information: The form starts by capturing the employee's full name, contact information, job title, dates of employment, and the name of the company they worked for. 2. Consent to release information: The form outlines that the employee consents to authorize their former employer to release employment-related information upon request. 3. Nature of information: This section specifies the type of information that can be disclosed, which may include job performance, reliability, attendance, work ethic, skills, abilities, and any other relevant details regarding the employee's professional conduct. 4. Liability and warranty statement: The form includes a disclaimer that the former employer is not liable for any damages resulting from the release of the information, as long as it is provided in good faith and without malicious intent. 5. Confidentiality: This section emphasizes the confidential nature of the information being shared and ensures that the potential employer will maintain the information's confidentiality. 6. Signature and date: The form requires the signature of the employee, confirming their understanding and agreement to the release of employment-related information. Different types of North Carolina Employment Reference Release forms might exist based on the specific requirements and preferences of individual employers. Some employers use a generic template, while others may have custom forms tailored to their organization's needs. However, the key elements mentioned above are typically included in all variations to ensure compliance with North Carolina employment laws and regulations. In summary, the North Carolina Employment Reference Release is a legally binding document that allows employers to share crucial employment-related information about former employees to potential employers. It helps to hire managers make well-informed decisions by providing insights into a candidate's work history, qualifications, and job performance.

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FAQ

There are no federal laws restricting what information an employer can disclose about former employees.

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.

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.

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.

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.

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.

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.

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).

Any request for a copy of your reference should be directed at the recipient of the reference, not the writer. This is because data protection law contains a special exemption for the writer of a confidential work reference (although a reasonable employer may volunteer a copy, especially if it is largely factual).

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.

More info

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North Carolina Employment Reference Release