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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118723
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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If I was going to hire an individual who paid $1,200 for

Resolved Question:

If I was going to hire an individual who paid $1,200 for training from their previous employer in the state of New York, and that training is needed to be verified by us, but the former employer is refusing, is there a law that they are violating by not giving us this information? We think that since they paid out of their pocket for the training that proof of the training must be given to the individual who took it, upon request, even if there is a fee involved to obtain it.If there is a law that requires this of the previous employer or training agency operating within the state of New York, could you give us the actual statue?
Submitted: 29 days ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 29 days ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 29 days ago.

Actually, there is no NY statute that says the former employer has to give the new employer any information.

NY nor federal law provides private employees the right to access their personnel files. So the information in their files belongs to the employer and unlike some other states where the employee has a right to access, NY has no such law.

All the employee can do is contact the training agency who would have the records and if the employee paid for it they are entitled to the information on the class and if it is not provided by the training entity, then the employee can sue for breach of contract, since the agency that provided the training is liable to provide proof of attendance to the party who paid for the class as part of their contract with the party who gave the class.

However, there is no duty or mechanism available to force the former employer to give the information out.

If the former employer is the actual training agency whom the employee paid for the training, then the employee can sue for breach of contract for not providing information on a class they paid for as a trainer, but not as former employer.

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