How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12178
Experience:  Significant experience in all areas of employment law.
60109343
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I have a question about employment, since one company is

This answer was rated:

I have a question about employment, since one company is doing an employment verification on me.

Hello and welcome. My name is ***** ***** it would be my pleasure to assist you. What specifically would you like to know?

Customer: replied 1 month ago.
Actually, not the company itself, but the background agency is doing employment verification on me. Let me ask few questions in one scoop.1. Am I right that instead of calling my former employers, there is an option to verify my employment using SSN, but they would need a written permission on that?2. Would you agree that some companies may only keep the record that you worked for them. They may not keep such info as start and end dates?3. Since the law does not oblige anyone to release employment details, would you agree that about half of the time the background agencies contact former employers, they don't get any response?

No problem, thank you for your reply.

1. Am I right that instead of calling my former employers, there is an option to verify my employment using SSN, but they would need a written permission on that?

No, employment unfortunately cannot be verified simply from one's Social Security number as there is no employment database that is searchable by SS number.

2. Would you agree that some companies may only keep the record that you worked for them. They may not keep such info as start and end dates?

Virtually all companies will verify start and end dates. That's really the bare minimum they will provide. They could choose to state any additional facts that are true if they would like to. The law does not limit what an employer can say in response to a reference check. The only thing they can't do is make false statements of fact, which would give rise to a defamation claim. Otherwise, there is no "privacy" right with respect to one's employment and it's up to the employer what to do. Most employers will confirm dates of employment and salary level, but not more.

3. Since the law does not oblige anyone to release employment details, would you agree that about half of the time the background agencies contact former employers, they don't get any response?

Certainly some employers won't respond, but I'd guess it's less than 50% that fall into this category. I'd guess it's 25% or so.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 1 month ago.
Strange thing that the company is not doing reference check, but digs into my employment 7 years back. My follow ups are:1. I am not sure that you understood it correctly, but I was asking if it is true that some companies wont keep records of start/end date internally. Obviously, when a new employee starts, they need to report it to workforce, but they may only have records that you worked for them, not your start/end dates?2. Would you say that some companies delete such records after several years. In my case, I know that the background company is having hard time verifying my employment from a company where I started 7 years ago and left 6 years ago. Would you say that there is a good chance that they may not even have records after so long?3. Most of my employers were Indian IT recruiting companies with limited presence in the US. Firstly, do you agree that if you were a contractor, you should always put the recruiting firm as your employer, since they paid you money, not the end-client in the verification form and, secondly, would you agree that with those companies are far more difficult to verify employment than with well established American companies?

Thank you again for your reply.

1. I am not sure that you understood it correctly, but I was asking if it is true that some companies wont keep records of start/end date internally. Obviously, when a new employee starts, they need to report it to workforce, but they may only have records that you worked for them, not your start/end dates?

I'm afraid that's not the case. All companies will keep record of this because it's just part of their payroll records. Any employer could determine start and end dates in with about 5 minutes of research if they were so inclined.

2. Would you say that some companies delete such records after several years. In my case, I know that the background company is having hard time verifying my employment from a company where I started 7 years ago and left 6 years ago. Would you say that there is a good chance that they may not even have records after so long?

Yes, it's true that such records might be deleted after a few years. I wouldn't have a hard time believing that an employer from 6 years ago could not verify dates.

3. Most of my employers were Indian IT recruiting companies with limited presence in the US. Firstly, do you agree that if you were a contractor, you should always put the recruiting firm as your employer, since they paid you money, not the end-client in the verification form and, secondly, would you agree that with those companies are far more difficult to verify employment than with well established American companies?

Yes, I'd put the name of the recruiting company, not the end client. And also yes, I would think that such companies, with limited presence in the U.S. would have a harder time verifying dates of employment.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.
Very best wishes.

Was there anything else I can do for you before we wrap up?

Customer: replied 1 month ago.
few more things to get straight:1. I offered to send my w2 forms, but the agency seems reluctant to accept it. Do I understand it right that w2 forms only partially verify employment, because they don't reveal salary or start/end dates?2. Six years ago was an American company, but 4 years ago was an Indian recruiting firm which also seems not to cooperate. Perhaps for some 4 years is also too long to keep records. I think that I may be asked to provide a Fortune American company who was the end-client. However, would you agree that it may also not cooperate, since I was not a full time employee of theirs, just a mere contractor?3. There is also one Indian company for which I started 2 years ago and left last year and the background agency also is having hard time reaching them. Would you say that it is quite possible that they sent my w2 forms for last year few months ago, and now I am too unimportant for them to keep any records of my employment, let alone sharing them. Especially, I left on peaceful terms and there is no reason to blacklist me. To rephrase it, would you agree that it is possible that records of even recent employment may not be kept?4. I am also thinking, would you agree that some recruiters don't cooperate because they are short staffed, they may have hundreds of former employees and if they get calls about all those employees, they wont have time to do anything else?
Correct, W2 firms only verify total income for the year. As to your other questions, the answers are all "yes," an independent contractor may not provide any sort of employment confirmation, even recent employers may not provide such confirmation such as under the circumstances you describe and some understaffed recruiters may not comply either. These are all absolutely possibilities. I hope this helps.
Customer: replied 1 month ago.
My recruiter already asked me to send DL and proof of address because they want to send me an offer letter. So I'm hoping that no further issues with employment verification will arise. I will accept your answers soon, but for now I have few follow ups, if you don't mind.1. With the job where I worked 6 years ago they were unable to verify employment and I sent an offer letter from that job to them. I don't have w2 forms from that far back. Do you view an offer letter as at least a partial employment verification, especially the name of the company matches the name that I put in the employment verification form?2. I think one of the companies incorrectly put my end date. Do you think that it is believable that badly organized companies may put wrong start/end dates?3. I may have asked something similar above, but do you think that it is possible that companies keep records of your employment only until is relevant As soon as you are finished with them and they sent out all the tax forms, they may not even have a record in their system that you ever worked for them?4. Is proof of address more important to show that you are local to the job, or it is important to show that you have legal residency ?

Thanks again, and no problem. You ask:

My recruiter already asked me to send DL and proof of address because they want to send me an offer letter. So I'm hoping that no further issues with employment verification will arise. I will accept your answers soon, but for now I have few follow ups, if you don't mind.

1. With the job where I worked 6 years ago they were unable to verify employment and I sent an offer letter from that job to them. I don't have w2 forms from that far back. Do you view an offer letter as at least a partial employment verification, especially the name of the company matches the name that I put in the employment verification form?

Yes, an offer letter is certainly a partial verification. If you have any paystubs that could be helpful too, though of course it would be understandably if you did not retain those.

2. I think one of the companies incorrectly put my end date. Do you think that it is believable that badly organized companies may put wrong start/end dates?

Yes, it's certainly believable.

3. I may have asked something similar above, but do you think that it is possible that companies keep records of your employment only until is relevant As soon as you are finished with them and they sent out all the tax forms, they may not even have a record in their system that you ever worked for them?

Employers are generally required by law to keep payroll records for at least 3 years. Those records would obviously enable the employer to verify employment upon request. Once that period of time lapsed, it becomes much more likely that they would not have any records in their system that you worked for them.

4. Is proof of address more important to show that you are local to the job, or it is important to show that you have legal residency ?

It's more important to show that you are local to the job.

I hope this helps. Again, please don't forget to rate if I have answered your questions as this is how I receive credit for my efforts. Best wishes to you.

Patrick

Patrick, Esq. and 7 other Employment Law Specialists are ready to help you