EMPLOYMENT BACKGROUND CHECKS

What Can A Former Employer Say About Me?

 

  • What can a previous employer say in a background check Reference Verification?

What Information can a former employer disclose in an employment verification request from another company?

Former employers often feel very limited when responding to reference and past employment inquiries from prospective employers.

Previous employers are understandably concerned about potential  litigation arising out of information provided regarding a previous employers work history.

Telling The Truth

We know of no laws limiting factual answers from previous employers.

In fact, previous employers may incur liability by failing to disclose some facts about a previous employee when such failure to disclose results in harm to those customers or employees of the new employer.

Indeed, a number of states have laws protecting employers from such lawsuits. Underlying all these laws is the requirement for absolute truth on the part of previous employers.

The web site below provides an excellent list of various state laws governing employment references:

https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html

While a number of personal topics such as sexual orientation, age, race, marital status or parental status are normally off limits as they may not be used as factors in a hiring decision. Fortunately, hardly anyone cares about such personal matters.

The main thing past employers must do is tell the (well documented) truth, as that is their best protection.

Defamation Vs. Negligent Referral

An article By LINNEA B. MCCORD, JD, MBA,   https://gbr.pepperdine.edu/2010/08/defamation-vs-negligent-referral/     illustrates very well how a policy of giving only basic employee references may lead to liability.

An egregious example is the case of Allstate insurance failing to adequately warn a subsequent employer (Fireman’s Fund Insurance) of the behavior of a previous employee threatening behavior.

http://yerridlaw.com/other-personal-injury-actions/victims-sue-ex-boss-of-workplace-killer/

https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html

Our  Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody  forms and  releases to be completed online by the applicant.

We provide several short videos to easily acquaint you with the system.

This makes the background check process fast and easy.

Please Click or call for more information.

Call Us now at 800-459-3034 and begin ordering instant driving records and background checks within minutes or:


 

A price list will be promptly e-mailed to you.

 

Disclaimer
None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.

Scroll to Top