Verification of Employment

plhepner · October 2012

I'm curious to see if anyone knows whether it is LAW or POLICY that you have to have written permission from an employee to release employment information. In this day and time, I know it is good PRACTICE only to release dates of employment, position, pay, etc. However, I've been at my place of employment for a year and a half. Employment verification always goes through the H/R specialist who states "we need a signed form from the employee stating we can release that information" - even if the caller just wants to know if the person is still employed there or not. So, I got curious one day. (I'm also in H/R but responsible for safety.) I can't find it in the policy book and, as a paralegal, I can't find any applicable law. So, I'm wondering, based on some of my colleagues' own company policies, if this is just something that was started by her even though there's no policy.

Still Need Coffee · October 2012

It's not law, but it's good business practice to require consent of the employee to release their own personal information. I've worked at companies that take this to different levels - some places I've worked will provide no information....at all...unless they have consent. My current company has a practice of confirming that the person works here and title, but anything else requires consent.

Here's a scenario to think about (this actually happened to us last year). You have an employee going through a messy domestic dispute, one that involves a [crazy] third party with violent tendencies. Crazy Third Party was trying to track down my employee after threatening to "come after" them one day when they least expected it. The employee came to HR and instructed us not to give out any info about her without a verification of the caller, and her signed consent, as Crazy Third Party had been calling past employers, trying to figure out which office she worked at.

It's an issue of safety and privacy, and I, for one would rather err on the side of caution.

ACU Frank · October 2012

In the state of Missouri, for example, the written release protects the former employer from liability for providing factual, documented and work-related information.

plhepner · October 2012

Thanks for the input! I never thought about it from the perspective of crazy person trying to figure out where one may work. I guess because we mostly get apartment complexes, banks, medical bill collectors, etc. I looked at the positive side like here's Employee Mr. Smith down on hard times, trying to get a small loan, and we're going to have to make him go all the way back to the Pawn-your-title place just to sent a consent for us to release information when all they want to know is if he works there or not. But, yes, now that I think about it, there just may be a scenario where someone that knows someone can call stating the need to verify employment and there may be an underlying reason for doing so. Maybe we can develop our own form to have the employee sign then have ABC Company fax their form and just tell them we do not conduct it over the phone that we need something for our records. Then, inform the employee that ABC Company is trying to obtain employment information. BTW, yes, here in H/R we can smell those bill collectors from a mile away and sometimes we do railroad them to protect our employees! LOL

ACU Frank · October 2012

I've had 2-3 calls from ex-wives posing as someone else, trying to figure out whether they're getting enough child support. I've also had an employee's jilted boyfriend call and actually try to verify the employee's schedule. That's over the course of many, many years, so it's not like it happens every day... but just once can be more than enough if it ends tragically.

Still Need Coffee · October 2012

plhepner, in the example you provide about Mr. Smith, rather than having him go back to the pawn shop to get a form, I would just call Mr. Smith (or walk over to him) and state, "hey, ABC Company just called me asking for a verification of employment. Do I have your permission to give them the requested information?" If he says yes, then ask him to email you a short note stating, "I give plhepner permission to complete the verification of employment from ABC Company."

Nice and quick.

Carolil · January 2013

I struggle with this every now and then, and just came online now to see if there was any new discussion of this topic.

My preference would be to release "no" information on an employee's employment without consent, for the safety reasons mentioned above. However, since it would take no effort for Mr. Crazy Person to call reception and say "Mrs. Crazy Person, please" and get put through, it seems like a wasted effort to deny employment status alone.

We just received a notice from what looks to be a collection agency, asking for verification of name and dates of employment (which they provide). They even thoughtfully provide a line for the employee to sign giving permission to release the info. I can tell you right now our employee will not give permission to release the info, but we will let her know. We don't have to respond to the request, but I'm hard pressed to come up with a response to a follow up call from the agency which doesn't at least give away that the person works here.

How would you handle?

sonny · January 2013

I am sorry but we only acknowledge requests that are already signed.

Carolil · January 2013

[QUOTE=sonny;724761]I am sorry but we only acknowledge requests that are already signed.[/QUOTE]

That's good, Sonny, thanks.

Lisablank · January 2013

HI, we notify associates at hire that we have a system here that most healthcare employers are participants of that we provide the real reason people leave. We tell associates on hire, we are going to be honest and forthcoming should his/her employment with us end. We owe it to the safety of our patients. Those that go in the system to get information have to obtain a release from the applicant to check those references on this database site.
Its called MedVerify and it has worked well.

Sharon McKnight SPHR · January 2013

[quote=Lisablank;724787]HI, we notify associates at hire that we have a system here that most healthcare employers are participants of that we provide the real reason people leave. We tell associates on hire, we are going to be honest and forthcoming should his/her employment with us end. We owe it to the safety of our patients. Those that go in the system to get information have to obtain a release from the applicant to check those references on this database site.
Its called MedVerify and it has worked well.[/quote]

Lisablank,

Your first post! Welcome to the Forum. :welcome:

Sharon

Verification of Employment

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