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Getting a Reference These laws require employers to provide former employees with certain basic information, in writing, about their employment. Florida doesn't have a service letter law, however.
ALWAYS ask references about a candidate's workplace behavior, ethics and the reason that they left the company. ALWAYS be vigilant for evidence that a reference is not telling the whole truth about a candidate. NEVER make a hire without checking and vetting references and performing a background check.
Generally, Florida law provides an employer with qualified immunity from damages and defamation claims for disclosing information about a former or current employee to a prospective employer, UNLESS the employer discloses information that is knowingly false.
How to handle a bad job referenceContact your former employer.Ask for feedback from your potential employer.Ask others for help.Check your other references.Make positive changes.
Should you say yes?Keep the information factual. Avoid opinions about issues such as personal conflicts.Qualify what you say. For example, It was our experience2026 or In this situation2026Make your praise specific.Refer to specific tasks or projects.Avoid examples that highlight a candidate's weaknesses.
Florida law does not prohibit employers from providing any information about employees as long as it is truthful; however, employers may be liable if they give negative information in a reference that the employee disputes. Thus, employers may wish to avoid giving extra information to reduce their risk of lawsuit.
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.
Florida, like states such as Virginia, has a job reference shield law which states that employers who disclose information about a former or current employee to another prospective employer upon request are immune from civil liability for such disclosure (or its consequences) unless it is shownby clear and convincing
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.
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