Pennsylvania Employment Reference Release

State:
Multi-State
Control #:
US-164EM
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes an employer to depart from standard company policy when responding to reference requests.

How to fill out Employment Reference Release?

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FAQ

What Does an Employer Ask When Calling a Previous Employer?Employment Dates. One of the most common reasons a prospective employer calls the candidate's former employer is to verify employment dates.Salary Verification.Rehire Eligibility.Performance.Purpose of References.

Check your own references. If you have a friend who owns a business or has an office number, ask him to call your former employers. Ask your friend to contact each one of your former employers to request verification of employment dates, rehire eligibility and job performance.

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.

Your previous employer is under no legal obligation to provide you with a reference. However, there are several exceptions in which you may be entitled to one: An employer must give you a reference if there was a written agreement to do so.

To request a copy of your reference, you will need to make a subject access request in writing to your new employer. They will then consider if any exemptions apply and if they can release the information to you.

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).

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.

Employment references should be marked as 'Strictly confidential - employment reference' to ensure that the exemption can be applied by sender and recipient. Care must always be taken when providing references about employees to prospective employers or recruitment agencies.

Any request for a copy of your reference should be directed at the recipient of the reference, not the writer. This is because data protection law contains a special exemption for the writer of a confidential work reference (although a reasonable employer may volunteer a copy, especially if it is largely factual).

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.

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Pennsylvania Employment Reference Release