When verifying employment : If an employee needs an employment verification, the employee should submit a written request that includes an authorization to release the information.
Decide what information to request. During the hiring process, many employers use reference checks to verify information provided in employment applications, resumes, and interviews. For instance, they may use the reference check to confirm dates of employment, positions held, and final salary or hourly wage.
Most employers are willing to disclose this type of information, but may be less inclined to provide information on performance- or conduct-related issues. Decide what information to provide. When contacted for a job reference, it is considered a best practice to provide only limited information about former employees, such as dates of employment, positions held, and in some cases, final salary or hourly wage.
This is generally a preferred approach, since the information is limited to factual and objective data. If you choose to provide more information, make sure you are providing it in good faith; the information is accurate and job-related; and you provide the same types of information about all former employees.
Employers should be particularly sensitive to the risks associated with providing a negative reference. Before disclosing any negative job-related information, make sure you have thoroughly documented the issue at the time it occurred. For employment verifications, the information provided is generally limited to dates of employment, positions held, and pay history.
Inform employees what information you will provide. If an employee was terminated for cause, for example, employers can indeed share that information. That way, the former employee can avoid potentially awkward or unnecessary conversations with that same third party in the future. If confusion arises about the legality of your disclosure, be sure to check local laws to understand whether the salary information in question is protected or can be released.
For example, if a role requires an employee to move heavy boxes, a new employer can verify that the recruit in question is capable of, for example, lifting up to 50 pounds above their shoulders. Employees alone should decide about when and how to share their health information. Companies can help protect their staff by explaining their rights. According to the University of Washington's Payroll Office, the Privacy Act restricts employers to only releasing "dates of employment, job title, department, full- or part- time status and verification of a salary amount if given.
Employers are also prohibited from using information on an I-9 form to discriminate against the employee. Employers who knowingly accept fraudulent documents for employment verification face civil and criminal fines.
Using information from an I-9 form or any of the identification documents such as the driver's license to discriminate against the employee can result in civil and criminal penalties ranging from fines to jail time. Violating the Privacy Act by requesting personal information about an employee from a previous employer exposes the requester to a civil suit from the employee as well as government penalties.
Born in Chicago, Clare Archer has a background in art history, music, investing, travel and personal finances. She has written professionally since and her work has been published in publications such as "Creative Loafing" and Daily Kos.
Employers may also receive verification of employment requests from landlords and collection agencies. They are free to ignore these. If you think the employee may want you to respond, as in the case of a landlord verifying employment before deciding to offer a rental, it may be best to seek written permission from the employee first. Employers may be required to respond to verification requests from government agencies.
When this is the case, the agency will often provide information on the law that requires your response. One of the more common requests is for H1B verification. Ultimately, you need to verify employment properly the first time.
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