Washington 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.

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FAQ

Yes, an employer can refuse to give you a reference. Employers are not obliged to give their current and former employees.

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.

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.

Washington law provides that the person who gave a reference should keep a written record in the employee's personnel file of the identity of the person or entity to which the reference information was disclosed for a minimum of two years from the date of disclosure.

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).

Your employer doesn't usually have to give you a reference unless: your contract says they will. you have written proof they've agreed to give you a reference - like an email.

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.

Washington law provides that the person who gave a reference should keep a written record in the employee's personnel file of the identity of the person or entity to which the reference information was disclosed for a minimum of two years from the date of disclosure.

In any case, if you ask for a reference and your boss says no, consider that they did you a favor. Regardless of why your manager won't give you a reference, the important move for your career is to find substitute references, so that you can prove to a prospective employer that you're someone people will vouch for.

Yes, if you were fired, your employer is free to say you were fired. However, if you were terminated without cause for no real reason or business reasons like downsizing, then your employer can't tell that or imply that you were fired for cause for serious misconduct, otherwise it would be defamation.

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Washington Employment Reference Release