Virginia Employment Reference Release
Description
How to fill out Employment Reference Release?
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FAQ
Yes, Virginia is an e-Verify state. This means that many employers must verify the work eligibility of their employees through the e-Verify system. If you're navigating the Virginia Employment Reference Release, understanding e-Verify is essential, as it impacts the hiring processes in Virginia.
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
Under Virginia law, an employer is immune from liability for communicating information upon request from a current or former employee or prospective employer about a former employee's professional conduct, reasons for separation, or job performance, including information contained in any written performance evaluations
Every employer shall, upon receipt of a written request from a current or former employee or employee's attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee's dates of employment with the employer; (ii) the employee's wages or salary during the employment
Under Virginia law, an employer is immune from liability for communicating information upon request from a current or former employee or prospective employer about a former employee's professional conduct, reasons for separation, or job performance, including information contained in any written performance evaluations
Every employer shall, upon receipt of a written request from a current or former employee or employee's attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee's dates of employment with the employer; (ii) the employee's wages or salary during the employment
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.
There is no legal obligation on an employer to provide a reference, but if they do, it must be fair and accurate.
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.
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.
