Texas Employee Referral Statement
Description
How to fill out Employee Referral Statement?
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FAQ
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.
When giving a job reference, release only factual information. Factual information is something you can prove, either with witnesses or documentation. Facts do not include opinions, value judgments, or moral criticism. In addition, it is generally a good idea to provide only what is requested.
5196 criminalize various types of blacklisting or efforts to prevent a former employee from finding a new job. Notably, under both statutes an employer is allowed to give a truthful statement about why an employee was fired, if given either with the consent of the employee or at the request of a prospective employer.
A service letter is a letter issued by a former employer stating an employee's dates of employment; position held; and reasons for separation of employment. There are two uses employees typically make of service letters.
What Information can an Employer Release for Employment Verification?Job performance.Reason for termination or separation.Knowledge, qualifications, and skills.Length of employment.Pay level and wage history (where legal)Disciplinary action.Professional conduct.Work-related information
In particular, Texas Labor Code § 103.003 explicitly allows an employer to disclose information about a current or former employee's job performance to a prospective employer of the current or former employee on the request of the prospective employer or the employee. And A§ 103.004 makes companies immune from suit
Things like job applications, criminal background checks, credit histories, complaints and commendations all contain potentially private information about an employee, and if an employer carelessly discloses them, the employee can bring a claim for invasion of privacy.
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.
Under California law, an employer is not obligated to provide a reference for a former employee, but should it choose to do so, the employer may provide information about job performance, qualifications, and eligibility for rehire.
Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.
