Cathy Taylor is a marketing consultant and freelance writer and can be reached at creativecommunications@cox.net
What Can a Former Employer Say During a Background Check?
As an employer you need to know what you legally can and can't say about past employees when people are calling for an authorized employment screening background check.
This is an area where you can't afford to make a mistake or worse yet, let opinions get in the way. Company policies are usually made in accordance with the particular state’s labor laws. For more information on your state’s laws you can contact the Department of Labor.
As a general rule, the human resources department typically handles all employment verification calls, or if you are a small company, someone who is appointed and properly trained. It's acceptable practice to give standard answers for all verifications including information such as the exact dates a person was employed, what their title was, and in some cases their final salary.
Almost all employers will state whether or not the person would be eligible for rehire. A former boss can say anything truthful (this is key as lying will lead to serious problems) about your performance.
California law prohibits employers from intentionally interfering with former employees' attempts to find jobs by giving out false or misleading references. (California Labor Code §1050)
Under California law and the laws of many other states, employees have a right to review their own personnel files and make copies of documents they have signed. If you are a state or federal employee, your personnel file is protected under the California Information Practices Act or the federal Privacy Act of 1974 and can only be disclosed under limited circumstances. (California Civil Code §56.20; California Labor Code §§432, 1198.5; 5 USC §552a)
Jobs such as truck driver positions fall under regulations of the federal Department of Transportation. Employers are required to accurately respond to an inquiry from a prospective employer about whether you took a drug test, refused a drug test, or tested positive in a drug test with the former or current employer. (49 CFR §40.25, 49 CFR §382.413. www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm
Check out this publication for further information: Risky Business: A Guide to Providing References http://www.ppspublishers.com/articles/n/ArticlesInsert/bulletin_risky_business.htm
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