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15 answers

the employer cannot refuse to give the information under any circumstances.
and the person who said no because of the data protection needs a brain transplant.
you can see any information your employer as about you both past and present under the freedom of information act and you dont need to be accompied by no one

2007-08-23 06:02:33 · answer #1 · answered by Anonymous · 0 2

I don't know about American law but in the UK there are two situations. One is that your firm give you a testimonial which you can see and the second is a reference which is or should be a confidential document passed between two companies. What the prospective employer wants is a candid opinion of you as an employee and they wont get this if you see the document. It would not do an employee any good anyway if the boss knew he was going to see the document in question as if he wished to pass some derogatory information to your future employer he would then do it verbaly.

2007-08-23 19:47:27 · answer #2 · answered by Maid Angela 7 · 1 2

In agreement with CatLaw. Depends on your state. The state of Connecticut for example and New Jersey they are required to show present and former employee's there file with at minimum 30 days notice to the employer or HR. It is best to never give a negative reference unless you have solid proof the former employee was a danger to himself and/or to others. You can make it simple and merely offer dates of employment and position. Then advise the prospective employer (reference checker) per your company policy you do not offer any further information.

2007-08-24 19:29:49 · answer #3 · answered by Anonymous · 0 1

basically you never have such a thing as a "bad reference" if what you have to say about your former employee is in any way negative then you cannot be classed as a reliable referee.
So if your person wants to see her reference then you are obliged by law to permit their viewing of such documentation simply as the information which you submit regarding the said person must be a true positive reflection of that being.
You can refuse to give a reference to a prospective employer and you are not expected to have to reply.

2007-08-23 18:19:47 · answer #4 · answered by madgirl 2 · 0 1

Legally it depends on your state laws. I advise my small business owners to provide every employee with a "generic" letter of recommendation when they leave. That way the employee has something in writing and is less likely to cause problems.

A generic letter of recommendation is: To whom it may concern: Employee (name) has worked at our business as (title) from (Hire Date) to (termination date).

2007-08-23 18:23:52 · answer #5 · answered by CatLaw 6 · 0 1

It is an item protected by data protection but they also are covered by the freedon of information act.

They can ask to see it but you can refuse.

If you do decide to let them see if (because they can also ask to see their personnel file) it has to be at a time agreed by both parties and with a representative for both sides also present ie a manager for you and a friend for him.

2007-08-23 12:26:57 · answer #6 · answered by JustJem 6 · 0 1

They can ask , but you do not have to give them details . Their next employer should ask confidentially for your honest and accurate opinion
I presume from your question you have some negative feedback to give ?? So long as it is accurate and can be backed up by evidence then that is fine , but you should not provide rumour or conjecture as that is unfair.

2007-08-23 16:23:20 · answer #7 · answered by Scobill 7 · 0 1

They can ask anything they wish. In the US, you are not required to give references at all, and you are not required to give copies of those references to the employee.

2007-08-23 16:34:02 · answer #8 · answered by Mel 6 · 0 3

yes they can i got sacked and my boss was horrid i was able to see the reference she got a slap lol

2007-08-23 12:33:34 · answer #9 · answered by Anonymous · 0 0

Yes they can. They may even ask for a letter of reccomendation.

2007-08-23 12:33:03 · answer #10 · answered by Brenda 4 · 2 0

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