Pennsylvania Sample Letter for Response to Inquiry of Former Employee - Without Reference
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FAQ
A former employer can legally refuse to give information concerning an employee other than his official title and the dates he was employed. While this is legal, it's generally considered just as bad as giving a negative review, according to reference resource website References-Etc.
Yes, an employer can refuse to give you a reference. Employers are not obliged to give their current and former employees.
Getting a reference from your old employerYour employer doesn't usually have to give you a reference unless: your contract says they will.
ALWAYS ask references about a candidate's workplace behavior, ethics and the reason that they left the company. ALWAYS be vigilant for evidence that a reference is not telling the whole truth about a candidate.
If you're having trouble getting a reference, you can ask the employer who needs the reference if they'll accept: a reference from someone else, for example a manager or colleague. a reference from a different employer.
Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
There are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation. And with good reason.
In fact, employers are legally permitted to say anything in a reference about a former employee's performance that is true, and in Pennsylvania, there is employer immunity by statute (that is, immunity from liability, not from being sued and having to respond).
Be Specific. Be specific in what you're asking your former colleague to do for you. If you want to list his name and contact number as a reference a potential employer can call, he has to be open to discussing your professional work history.
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.
