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Professional Reference Form for the United States

Professional Reference Form Template for United States

A Professional Reference Form is a standardized document used in the United States for providing employment references. It enables former employers to provide structured feedback about a candidate's work history, performance, and capabilities while maintaining compliance with federal and state employment laws. The form typically includes verification of employment details, performance assessment, and professional conduct evaluation, structured to minimize legal liability while providing valuable insights to prospective employers.

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What is a Professional Reference Form?

The Professional Reference Form serves as a crucial tool in the U.S. hiring process, designed to facilitate the exchange of information between former and prospective employers. This document is particularly important given the complex legal landscape surrounding employment references in the United States, including considerations under various federal and state employment laws. The form provides a structured format for sharing information about a candidate's work history, performance, and professional qualities while protecting all parties involved from potential legal issues. It typically includes both objective information (such as dates of employment and positions held) and subjective assessments (such as performance evaluation and professional characteristics), formatted to ensure compliance with privacy laws and defamation concerns.

What sections should be included in a Professional Reference Form?

1. Reference Provider Information: Contact details, position, and company information of the person providing the reference

2. Candidate Information: Full details of the candidate including name, previous position, dates of employment

3. Employment Verification: Confirmation of employment period, positions held, and responsibilities

4. Performance Assessment: Standard evaluation of work performance, reliability, and professional conduct

5. Authorization Statement: Legal statement confirming authority to provide reference and acknowledgment of legal obligations

What sections are optional to include in a Professional Reference Form?

1. Rehire Eligibility: Optional section indicating whether the candidate would be eligible for rehire at the organization

2. Specific Skills Assessment: Detailed evaluation of particular skills or competencies relevant to the new position

3. Reason for Departure: Information about the circumstances under which the employee left the organization

What schedules should be included in a Professional Reference Form?

1. Consent Form: Attached authorization form signed by the candidate permitting the reference check

2. Performance Records: Relevant performance reviews or evaluations (if authorized and requested)

3. Skills Certification: Documentation of relevant certifications or training completions

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Reference Letter

Cost

Free to use
Clauses












Industries

Title VII of Civil Rights Act 1964: Federal law prohibiting discrimination in employment references based on race, color, religion, sex, or national origin. Must ensure reference form questions don't enable discriminatory practices.

Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Reference forms must avoid disability-related inquiries unless job-related and consistent with business necessity.

Age Discrimination in Employment Act (ADEA): Federal law protecting individuals 40 and older from age discrimination. Reference form questions should not enable age-based discrimination.

Fair Credit Reporting Act (FCRA): Federal law governing the collection and use of consumer information, including employment references if provided through third-party services. Requires specific disclosures and authorizations.

State Privacy Laws: Various state-specific regulations governing the collection, storage, and sharing of personal information in employment references. Requirements vary by jurisdiction.

Defamation Laws: Legal framework protecting against false statements that harm reputation. Reference forms should include disclaimers and focus on factual, documented information.

Consent Requirements: Legal necessity for obtaining written authorization from the subject of the reference, including specific disclosures about information to be shared and its intended use.

Record Retention Requirements: Legal obligations regarding the storage and maintenance of employment reference documentation, including duration of retention and security measures.

Qualified Privilege: Legal protection for employers providing good-faith references. Form should include appropriate disclaimers and focus on truthful, documented information.

State Immunity Statutes: State-specific laws providing varying degrees of protection to employers giving employment references in good faith. Requirements and protections vary by jurisdiction.

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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