North Carolina Reference Request Notice
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How to fill out Reference Request Notice?
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FAQ
You Have the Right to Decline a Reference Request There is never an obligation to give someone a reference. You can politely and diplomatically decline the request without offending the person who asked you. The trick is to do so without making your refusal sound like a personal criticism or a professional rejection.
Generally, your references will be requested, so they don't need to be provided at the time of application, nor listed at the bottom of your resume. Employers know that your references will be available upon request and if they are interested in reaching out to them, they'll call for them.
You should never give a reference's contact information without first asking their permission and providing them with the information they need to provide a good reference (ie. The position you're applying for, the company name and who may be contacting them.)
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.
If the employer has any doubts about whether or not the individual has given consent, it should contact them to check that they wish the reference to be provided. The employer should obtain the consent in writing if possible, or should at least make a note of the individual's verbal consent.
Many people think of them as an afterthought or are convinced that it's illegal for their previous company to say anything about employees other than to confirm their dates of service and job title. In fact, companies and individuals can say anything they want to in a reference check, as long as it's true.
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).
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.
In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.
While reference checkers are not prohibited from contacting people not specifically named as references by the candidate, there are a couple of important points employers must keep in mind: Candidates should have given permission, generally, for reference checking to be conducted.
