Wyoming Employee Authorization to Release Reference Information
Description
How to fill out Employee Authorization To Release Reference Information?
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FAQ
Under the Data Protection Act 1998 (DPA), your employer must make sure your personal data or information is 'processed' in a fair and lawful way. Processing includes obtaining, recording, storing, sharing, deleting and otherwise using information.
Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.
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.
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.
There are no federal laws restricting what information an employer can disclose about former employees. Check with your state department of labor for restrictions on employer disclosures in your state.
The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.
A reference is considered a communication protected by qualified privilege and the person giving the reference cannot be sued for slander or defamation, provided the comments are the referee's honestly held opinion.
Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.
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.
