What is a company's LEGAL obligation when it comes to fulfilling a Verification of Employment from another co?

I work at a company where we are inundated with lengthy, detailed VOEs (verification of employment); we're wondering if we have to legal answer these in full or if we can provide them with a VOE that confirms their prospective employee (our ex-employee) with just a name, ss#, date of employment and ending salary. Is there a good source to find out what my company's legal obligation is to these things?

What is a company's LEGAL obligation when it comes to fulfilling a Verification of Employment from another co?
As others posted you are under no legal obligation to disclose any information not even dates of employment and position held (although I do not recommend you withhold this information.) However, you cannot disclose salary unless this employer has a signed release form from the former employee to obtain this information. In fact, it is good practice to never give any information over the phone unless you are in receipt of one of these forms with the former employee's signature. Yesterday I read of a recent court ruling in the state of California where a former employer offered the slightest of information to what he thought was an actual employer without requesting such a form. Turned out it was a reference checker organization (I believe there name was RSA) and the former employee in turn sued the former employer and won. The ONLY time you are required to offer any additional information regarding a former employee to a prospective employer is IF you have direct knowledge he/she is a danger to himself or others. In the event you are aware this former employee has a violent streak and you fail to advise this new employer of this AND THEN that same employee attacks and injures a co-worker you can and will be held liable and the company can sue you. Another example would be the truck delivery person (case.) On more than one occasion he showed up to work intoxicated; complaints from pedestrians he/she almost ran them over; he/she was in two or more accidents. You in turn fire them with obvious cause. This person applies to another organization for the same position. You need to advise the prospective employer of this danger.
Reply:Glad I could help. Report Abuse

Reply:There is no legal obligation to divulge anything in your company files unless there is a subpeona. When I received those forms, I just gave dates of employment, job title, and verified wages if asked. I actually had a rubber stamp that I used to describe our company policy.





There are exceptions. I worked near Washington DC. I often dealt with investigators who were doing background checks for sensitive government agencies or police officers. These people show up at your office and want to see the HR file. You can tell them no, but they will then show up with the subpoena. I generally gave them the file and stayed with them while they reviewed it so that I could be sure they did not remove anything. They often asked to see the I-9 too if we were still required to have it on file.





I once asked one of them why and the response was: "This person wants to be an FBI Agent. As a citizen, don't you want to know that those protecting you are of the highest caliber?"
Reply:Most companies don't give much more than name and dates of employment...maybe salary.


You can answer or not answer as company policy dictates.
Reply:I work for a very large company. We give verify names, dates of employment, and positions held.





If a person has a history of workplace violence (assault) I believe you are required to inform them of it if asked. I'm fairly certain, but I'll do some fact checking on that one.





ETA: Hmm, after searching, I haven't been able to find any information on a federal or state law that requires one company to give workplace violence history on an employee to the prospective company. There are a number of state laws, however, outlining what the hiring company needs to do to screen canidates for possible violent histories and in regards to reporting workplace violence.





I would think common law would say to answer a question about workplace violence if asked about a former employee. You have the safety and lives of their potential co-workers to think about. That being said, I am not an expert in business law.

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