Iowa Employment Reference Release
Description
How to fill out Employment Reference Release?
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FAQ
You can legally state facts in response to a reference request. These facts may include whether your ex-employee failed a company drug test, the results of which were officially documented. In this case, you can legally state that your employee was fired or let go due to testing positive on a company drug test.
Check your own references. If you have a friend who owns a business or has an office number, ask him to call your former employers. Ask your friend to contact each one of your former employers to request verification of employment dates, rehire eligibility and job performance.
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.
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.
Under Iowa law, an employer is immune from liability for communicating work-related information about a current or former employee to a prospective employer in response to a request from or with the authorization of the current or former employee (Iowa Code § 91B.
A former employer can tell a potential employer anything as long as the information is factual and correct. Under federal law, there is nothing to prevent a former employer from saying whatever they care to tell about people who worked for them and left, even if under less than ideal circumstances.
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.
To request a copy of your reference, you will need to make a subject access request in writing to your new employer. They will then consider if any exemptions apply and if they can release the information to you.
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).
There is no legal obligation to provide a reference except in a few sectors, such as financial services, but any reference that is provided must be true, accurate and fair. Your employer owes a duty both to you and any prospective employer.
