Arizona Employee Authorization to Release Reference Information
Description
How to fill out Employee Authorization To Release Reference Information?
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FAQ
Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.
An Authorization to Release Employee Information Form is a document that should be completed by an employee to allow their former employer to release their employment information to prospective employers.
In Arizona, Arizona Revised Statutes 23-1361 allows an employer to provide to a prospective employer information concerning a person's education, training, experience, qualifications and job performance.
An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.
Confidential Employee InformationPersonal data: Social Security Number, date of birth, marital status, and mailing address. Job application data: resume, background checks, and interview notes. Employment information: employment contract, pay rate, bonuses, and benefits.
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.
If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.
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.
In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.
