North Dakota Employee Authorization to Release Reference Information
Description
How to fill out Employee Authorization To Release Reference Information?
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FAQ
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.
There is no legal obligation on an employer to provide a reference, but if they do, it must be fair and accurate.
A reference is considered a communication protected by qualified privilege and the person giving the reference cannot be sued for slander or defamation, provided the comments are the referee's honestly held opinion.
Under the Data Protection Act 1998 (DPA), your employer must make sure your personal data or information is 'processed' in a fair and lawful way. Processing includes obtaining, recording, storing, sharing, deleting and otherwise using information.
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.
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.
The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.
Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.
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.
