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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.
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.
Say something like, 'Listen, I'm not the right person,' or 'I'm not the right fit for this, but good luck,' says Speyer, who has faced this conundrum several times. Don't give a laundry list of reasons why you can't do it.
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.
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.
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.
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.
To turn them down politely, you could write: I'm sorry, I don't feel I have worked with you long enough to provide you with an accurate and thorough recommendation, but I wish you all the best with your job hunt.
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.)
Busted. 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.