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Reference Check Release Form for the United States

Reference Check Release Form Template for United States

A Reference Check Release Form is a legal document used in the United States that provides authorization for potential employers to contact former employers, supervisors, or other references to verify employment history and obtain information about a job candidate's work performance, skills, and character. This document protects both the potential employer and the references by establishing clear consent and often includes liability releases in accordance with federal and state employment laws, including the Fair Credit Reporting Act.

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Reference Check Release Form

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What is a Reference Check Release Form?

The Reference Check Release Form is a critical document in the U.S. hiring process, designed to facilitate thorough employment verification while maintaining legal compliance. It becomes necessary when an organization needs to verify a candidate's employment history, performance, and qualifications. The form typically includes the candidate's authorization for reference checks, release of liability for former employers, and specific parameters for information sharing. It helps ensure compliance with federal regulations such as the Fair Credit Reporting Act and state-specific employment laws, while protecting all parties involved in the reference check process.

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

1. Employee Information: Full name, contact details, and employment history of the individual requesting the reference check

2. Authorization Statement: Clear statement of consent to contact references and obtain information about employment history

3. Scope of Release: Detailed description of what information is authorized for release and permitted uses

4. Release of Liability: Waiver of claims against former employers, references, and those conducting the reference check

5. Signature Block: Space for date and signature of the employee providing authorization

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

1. Duration of Authorization: Section specifying the time period for which the authorization remains valid

2. Specific Reference List: Section listing specific individuals or employers authorized to be contacted

3. Information Restrictions: Section detailing any specific limitations on information that can be shared or requested

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

1. List of References: Schedule containing contact information for authorized references

2. FCRA Summary of Rights: Required disclosure document summarizing rights under the Fair Credit Reporting Act

Authors

Alex Denne

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

Jurisdiction

United States

Cost

Free to use
Clauses















Industries

Fair Credit Reporting Act (FCRA): Federal law governing the collection and use of consumer information, including employment background checks. Requires disclosure and authorization for background checks and provides rights to individuals regarding their information.

Equal Employment Opportunity Laws: Collection of federal laws including Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA) that ensure reference checks don't facilitate discrimination.

State-Specific Laws: Various state-level requirements for reference checks, including state privacy laws, employment laws, and 'blacklisting' laws that vary by jurisdiction.

Defamation Laws: Laws protecting against false statements and governing the distinction between truthful and malicious information sharing in reference checks.

Privacy Laws: Regulations governing the protection of personal information and limitations on sharing sensitive data during the reference check process.

Employment Laws: General employment regulations including at-will employment considerations and worker protection regulations that impact reference checking procedures.

Tort Law: Legal framework protecting against negligent referrals and intentional interference with prospective employment opportunities.

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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