Employee Reference Release Form for the United States

Employee Reference Release Form Template for United States

A legally binding document used in the United States that authorizes a former employer to release employment-related information to prospective employers or other specified parties. The form provides protection for both the former employer and employee by clearly defining the scope of information that can be shared and including liability releases while ensuring compliance with federal and state employment laws.

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What is a Employee Reference Release Form?

The Employee Reference Release Form is a critical document in U.S. employment practices, designed to facilitate the reference-checking process while protecting all parties involved. This document becomes necessary when a current or former employee is seeking new employment and potential employers request employment verification or references. It addresses concerns about liability and privacy by providing clear authorization for information sharing while incorporating necessary protections under federal and state employment laws. The form typically includes details about the scope of information that can be shared, duration of authorization, and relevant liability waivers.

What sections should be included in a Employee Reference Release Form?

1. Employee Information: Basic details of the employee including name, dates of employment, and position

2. Authorization Statement: Clear statement of employee's consent to release information

3. Scope of Release: Specific information authorized for release (employment dates, salary, performance, etc.)

4. Release of Liability: Waiver of claims against former employer for providing information

5. Duration: Time period for which the authorization is valid

What sections are optional to include in a Employee Reference Release Form?

1. Specific Recipients: List of authorized recipients when release is for specific companies only - use when authorization is not intended to be general

2. Revocation Clause: Process for revoking the authorization - include when employee wants ability to cancel authorization

3. State-Specific Provisions: Additional provisions required by specific states - include when form will be used in states with specific requirements

What schedules should be included in a Employee Reference Release Form?

1. List of Authorized Recipients: Detailed list of companies/individuals authorized to receive information

2. State Law Addendum: Additional provisions required by specific state laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Fair Credit Reporting Act (FCRA): Federal law that regulates the collection, dissemination, and use of consumer information, including employee background checks and references

Title VII of the Civil Rights Act of 1964: Federal law ensuring reference practices remain non-discriminatory and free from bias based on protected characteristics

Americans with Disabilities Act (ADA): Federal law protecting against discrimination based on disability in reference-giving practices

EEOC Guidelines: Federal guidelines ensuring equal employment opportunity compliance in reference-giving practices

State Immunity Statutes: State-specific laws providing legal protection to employers who provide truthful references in good faith

State Defamation Laws: State-specific laws governing false statements that could harm an individual's reputation during reference-giving

State Privacy Laws: State-specific regulations governing the handling and disclosure of personal information in employment references

Defamation Principles: Legal principles covering libel and slander in the context of employment references

Negligent Referral Doctrine: Legal principle holding employers liable for providing incomplete or misleading references that could lead to harm

Qualified Privilege: Common law principle protecting employers who provide truthful references in good faith

Duty of Care: Legal obligation to exercise reasonable care in providing employment references

Right to Privacy: Constitutional and common law principles protecting individual privacy rights in employment references

Tortious Interference: Legal principle protecting against intentional interference with employment opportunities through improper references

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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