Virginia Reference Request Notice
Description
How to fill out Reference Request Notice?
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FAQ
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 is no strict legal obligation for an employer to provide a reference letter of any kind. If, however, a court finds that an employer's refusal to provide a reference amounted to bad faith conduct that caused the employee harm, this may entitle the employee to aggravated or punitive damages.
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.
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.
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.
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.
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
Although laws in some states say that a former employer only can offer information about you with your consent, most state laws allow a previous employer to not only reveal that you were fired, but also the reasons why -- as long as the information is true and accurate.
The law states that upon request of a current or former employee, or employee's attorney, an employer must disclose: a copy of all records and 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; (
However, in the context of providing a reference, an employee or former employee is likely to have a genuine choice about whether or not to consent. The prospective employer will often enclose a photocopy of the individual's signed consent to its seeking the reference in the reference request.
