New York Employment Reference Release
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How to fill out Employment Reference Release?
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FAQ
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.
Unless your business is regulated by the Financial Services Authority, generally there is no legal obligation on an employer to provide a reference for an employee or ex-employee and you are entitled to refuse to provide one.
New York doesn't have a statute protecting employers from defamation claims when they give a reference. By Lisa Guerin, J.D. If you are looking for a job, you may be concerned about what your former employer will say when called as a reference.
Job title or position with the company. The reason the employee left the company. Salary information. Job performance.
In many cases, if you were fired or terminated from employment, the company can say so. They can also give a reason. For example, if someone was fired for stealing or falsifying a timesheet, the company can explain why the employee was terminated.
An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.
Employment verification laws in New YorkThe employee's start and end dates.Job title or position with the company.The reason the employee left the company.Salary information.Job performance.Possession of various skills and types of experience, such as certifications or experience working with specific technologies.
New York is one of a handful of states that have not enacted a reference immunity law. However, New York courts have ruled that a qualified privilege exists permitting an employer to give honest information about a former employee to a prospective employer (De Sapio v.
If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.
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.
