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TexLaw, Lawyer
Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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In my staffing company I have a client who is asking for copies

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In my staffing company I have a client who is asking for copies of the E-Verify and copies of the criminal background checks that we did for the employees we placed at their company who are still on our payroll. Legally in the state of Virginia are we allowed to give them those copies.

Thank you for your question. Both the Criminal Background Check and the E-Verify contain information about the employees which is considered confidential and which you as the employer have a duty to protect. Thus, it is problematic to release this information to the client.

In order to solve this problem, you will need to get written authorization from each of your employees that the release of the information to the client is authorized.

Going forward, this may be something you should put into the documents your employees sign when the are hired on by you (i.e., that all information within an employee's personnel file may be shared with the clients with whom the employee may be placed).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
Customer: replied 3 years ago.

Also, from my understanding E-Verify can not be done but every three yeara. Is this true?

I am not aware of that limitation at all. However, you are only required to do an e-verify upon your hiring of the employee.
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