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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).
There are no federal laws restricting what information an employer can disclose about former employees.
Employers commonly ask interviewees to submit references at the point of the interview or afterward. Reference checks are used to verify a candidate's employment history and to confirm basic experiences and accomplishments.
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.
In summary, a background check is used to look up criminal, commercial, and financial records of a candidate. Whereas, a reference check looks to find the perfect employee fit, and protect your company from a poor performer or bad hire.
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.
A reference check generally involves contacting applicants' former employers, supervisors, co-workers and educators to verify previous employment and to obtain information about the individual's knowledge, skills, abilities and character.
Most employers check references as part of the hiring process. Checking references involves contacting previous employers, supervisors, schools, and so forth to verify key employment and educational information and learn more about a candidate's background, experiences, and skills.
Reference checks are a way for prospective employers to find out more information about a job candidate from people who know them and have worked with them. To conduct a reference check, an employer may use a form with standard questions. This allows them to ensure they collect the same information from each candidate.