When must an employer respond to a verification of employment request, and what information must or can be given? (2024)



Verification of employment (VOE) requests on current or former employees can come to an employer from government agencies, mortgage lenders, prospective employers, collection agents and others. They usually seek to verify employment dates, wages, likelihood of continued employment or eligibility for rehire and reason for termination. When must employers respond to such requests, and what information must or should they divulge?

Certainly, only truthful, supportable information should be shared, regardless to whom it is given. States have job reference immunity laws that can cover VOE requests, and if truthful information is given in good faith, the employer will likely be protected from defamation claims. Additionally, a signed consent from the employee should be obtained when possible, with some state immunity laws requiring consent to be protected.

Though not always clear cut, requests from federal and state government agencies and offices often require compliance, whereas most other requests do not. A request from a government agency often cites a regulation requiring the information; if not, employers can generally feel confident about sharing the information asked for, as a good faith effort to comply. These requests are often to verify wages for court decisions (such as child support) or government programs, to uncover fraudulent use of government services, or even to help an employee prove his or her identity was stolen. These requests are usually very specific in terms of the information needed, and again, any truthful information provided should not subject the employer to legal claims.

Employers are not required by law to complete VOEs from mortgage lenders, but few employers would choose to disadvantage their employees by ignoring the request. Employers may require written consent from employees before providing information to mortgage lenders and perhaps have a policy that employees must notify HR of upcoming requests. In general, though, employers complete these with truthful responses regarding the current employment situation without guaranteeing continued employment or defaming the employee.

Prospective employers may ask any number of questions, from final wage ratesto job performance information. Each employer needs to determine if it will require a signed release for this information, and what type of information it will share. Employers in some states may be restricted from sharing salary history.Certain industries and positions, such as health care and those working with children, may have additional state requirements to share information that may stop a negligent hire.

Collections agencies and anyone else seeking information from employers generally do not need to be responded to, and before sharing information with them, employers may wish to seek legal counsel on a recommended policy on handling these that will best protect the employer.


When must an employer respond to a verification of employment request, and what information must or can be given? (2024)

FAQs

When must an employer respond to a verification of employment? ›

There are two situations where an employer will be legally required to respond to requests for a verification of employment: When they receive a federally backed request, such as a request from a federal loan institution, to verify an individual's employment.

Do employers have to respond to verification requests? ›

While responding to employment verification requests isn't always required, doing so can be an excellent way for your business to establish itself as a trustworthy and reputable company.

What information can I give out for employment verification? ›

Employment Verification
  • Dates of employment,
  • Title (job classification),
  • Employment history (all position, dates and salary since date of hire),
  • Gross salary for the past two years,
  • Year to date salary, and.
  • Annual salary.

How to respond to an employment verification request? ›

Stick to the basics like dates of employment and the position your former employee held. Beyond that, remember that the best way to protect your company from related litigation is to make sure the only information you share is truthful and supported by records in the employee's file.

What are the employer's responsibilities with regards to verifying paperwork for employees? ›

Verify the identity and employment authorization of each person they hire; Complete and retain a Form I-9, Employment Eligibility Verification, for each employee; and. Refrain from discriminating against individuals on the basis of national origin, citizenship or immigration status.

What does an employer ask when verifying employment? ›

Typical questions included in an employment verification are: Dates of employment. Ending job title. Ending pay rate.

Are employers required to respond to applicants? ›

Generally speaking, employers are not required to respond to all candidates who submit a resume or application in response to a job posting.

What to do if an employer doesn't respond? ›

Four things you must do when employers never respond to your application
  1. Contact the employer in a respectful manner. Employers are not required by law to respond to applicants. ...
  2. Look over your application documents again. ...
  3. Don't settle for less. ...
  4. Move on, and keep looking.

Can you verify employment without contacting employer? ›

One of the easiest ways to verify employment history without contacting current employer is to ask the candidate for references from previous employers, co-workers, clients, or mentors.

What information can be released for employment verification in Canada? ›

Common information verified during an employment verification in Canada includes start and end date, reason for leaving, salary, and if the candidate is eligible for rehire. It is standard practice not to verify an applicant's current employment.

What information is required for employment? ›

Along with the proof of identification documents, employees must fill out an I-9 form to verify their employment eligibility. After the employee turns in the I-9 form, you must keep it on file, stored separately from other employee documents.

How do employers verify employment verification? ›

Some hiring managers do it themselves, reaching out directly (typically via phone) to your current or previous employers to request official verification. Alternatively, employers may use professional background screening firms and/or an employment verification service such as The Work Number® from Equifax.

What happens if an employer doesn't respond to employment verification? ›

Employment-Verification Laws: The Basics

Employers who fail to respond to federal employment-verification requests can suffer fines and denial of government contracts for up to one year.

How to respond to employment verification probability of continued employment? ›

When answering the question of continued employment, anything other than a solid, “yes,” or “very likely,” might alarm the applicant. Remember: The applicant's job performance isn't the focus of this question—the verifier is simply asking about whether the applicant will have a stable income months from now.

How do you respond to a job request? ›

When responding to a job interview request it's important to be prompt, thank the hiring manager, provide your availability, and most importantly keep a professional tone. Respond to the email without changing the email subject to ensure your response doesn't go into their spam folder.

How soon after the employee begins work must an employer create an E-Verify case? ›

E-Verify cases must be created no later than the third business day after the employee starts work for pay.

What is a rule all E-Verify employers must follow? ›

Which rules must all E-Verify employers and employer agents follow? Answer: Create a case for each newly hired employee no later than the third business day after he or she starts work for pay. Complete Form I-9 for each newly hired employee before creating a case in E Verify.

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