Massachusetts Employment Reference Release
Description
How to fill out Employment Reference Release?
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FAQ
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.
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.
ATTORNEY ANSWER: Unfortunately, the law in Massachusetts does not expressly protect you from a bad job reference. Your former employer is free to say what it wants about your work performance with few restrictions.
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.
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.
Call the human resources department and tell the representative when you worked there. Ask about the process for obtaining a copy of your file and then ask what is the company's practice for providing references and whether you're eligible for rehire.
Employment references should be marked as 'Strictly confidential - employment reference' to ensure that the exemption can be applied by sender and recipient. Care must always be taken when providing references about employees to prospective employers or recruitment agencies.
There is no legal obligation on an employer to provide a reference, but if they do, it must be fair and accurate.
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.
These employers are immune from liability (that is, they may not be sued) for providing reference information about current or former employees, including the employee's employment history and reasons for termination.
