North Carolina Employee Authorization to Release Reference Information
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FAQ
A reference is confidential between the prospective employer and the referee. You can choose to disclose it but you are not legally required to.
Yes. References should be marked "confidential" and for the attention of the addressee only.
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 is no legal obligation to provide a reference but any reference provided must be true and accurate. The content of a reference may need to be disclosed as part of any litigation involving the employee, regardless of whether the information contained in it might be exempt from a SAR.
The person giving you a reference may need to write a letter, fill out a questionnaire or speak to someone from human resources on the phone. Providing this favour is not a small task. Give your potential referee plenty of time to consider the request, and be sure to thank them for their time and efforts.
Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.
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.
Getting a reference from your old employer 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.
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.
Employers could ask for references at any point in the hiring process. It's usually helpful to prepare a list of references when you first start looking for jobs so you can offer it whenever the employer asks. This shows that you're prepared and eager to get the job.
