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 Our Business Owner's ToolKit provides valuable on-line information for today's small business manager. Browse away ... we're certain you'll find information to make your business more successful. 
Sample Reference Release

When an employee leaves, it is best to come to an explicit agreement regarding what information relating to the ex-employee you will disclose, and to whom it can be disclosed. Obviously, you want to be protected from any claims that your comments cost the employee a chance at a new job. At the same time, you don't want to be put in a situation where you are uncomfortable with the information that you feel you have to provide. Remember that, as an employer, you may establish any policy that you wish. You can decide to never furnish references, or to verify only the fact and dates of employment. You can also condition the furnishing of references on obtaining a release from the former employee.

The following form contains a sample employment reference release that spells out the terms under which references will be provided. This release is designed to protect you, as a former employer, when you make information available to a prospective employer. It requires the former employee to release your business from any potential liability resulting from the furnishing of information to authorized recipients.

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Employment Reference Release

I acknowledge that I have been informed that it is [Your Business's] general policy to disclose in response to a prospective employer's request only the following information about current or former employees: (1) the dates of employment, (2) descriptions of the jobs performed, and (3) salary or wage rates.

By signing this release, I am voluntarily requesting that [Your Business] depart from this general policy in responding to reference requests from any prospective employer that may be considering me for employment. I authorize [Your Business] to disclose to such prospective employers any employment-related information that [Your Business], in its sole discretion and judgment, may determine is appropriate to disclose, including any personal comments, evaluations, or assessments that [Your Business] may have about my performance or behavior as an employee.

In exchange for [Your Business's] agreement to depart from its general policy and to disclose additional employment-related information pursuant to my request, I agree to release and discharge [Your Business] and [Your Business's] successors, employees, officers, and directors for all claims, liabilities, and causes of action, know or unknown, fixed or contingent, that arise from or that are in any manner connected to [Your Business's] disclosure of employment-related information to prospective employers. This release includes, but is not limited to, claims of defamation, libel, slander, negligence, or interference with contract or profession.

I acknowledge that I have carefully read and fully understand the provisions of this release. I further acknowledge that I was given the opportunity to consult with an attorney or any other individual of my choosing before signing this release and that I have decided to sign this release voluntarily and without coercion or duress by any person.

This release sets forth the entire agreement between [Your Business] and me, and I acknowledge that I have not relied upon any representation or statement, written or oral, not set forth in this document.

Signed: ________________________________________ Date: _______________

(Employee)