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There is no strict legal obligation for an employer to provide a reference letter of any kind. If, however, a court finds that an employer's refusal to provide a reference amounted to \u201cbad faith\u201d conduct that caused the employee harm, this may entitle the employee to aggravated or punitive damages.
The HR employee can ask a former employer whether they'd rehire a job candidate. The former employer's HR policies might prohibit anything beyond a "Yes" or "No" response to this particular inquiry, but a "No" response gives the prospective employer something to think about.
An employment verification letter is written by a current or past employer to confirm that an employee or former employee worked at the organization. The request may come from the employee, government agencies, prospective landlords, mortgage lenders, prospective employers, or collection agencies.
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.
How to Request the Letter Ask your supervisor or manager. This is often the easiest way to request the letter. ... Contact Human Resources. ... Get a template from the company or organization requesting the letter. ... Use an employment verification service.
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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.
Those requesting employment or salary verification may access THE WORK NUMBER® online at https://www.theworknumber.com/verifiers/ using DOL's code: 10915. You may also contact the service directly via phone at: 1-800-367-5690.
Proof of employment can range from pay stubs or tax returns to a signed letter from an employer or a job offer letter.
Our legal friends at Avvo.com were gracious enough to post this question to some attorneys to confirm that, \u201cYes, the employer can refuse as there is no law that requires an employer to verify your employment.\u201d
If a prospective employer contacts your previous workplace, your prior employer can legally disclose anything about your employment, including your salary, job duties, vacation days taken, disciplinary action, or concerns about your job performance.

h1028 rev 03 2021 1 eng