Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I have a question about employment, since one company is

doing an employment verification on...
I have a question about employment, since one company is doing an employment verification on me.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
4/18/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,362
Experience: Significant experience in all areas of employment law.
Verified

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

Ask Your Own Employment Law Question
Customer reply replied 9 months 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.

Ask Your Own Employment Law Question
Customer reply replied 9 months 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.

Ask Your Own Employment Law Question

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

Ask Your Own Employment Law Question
Customer reply replied 9 months 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.
Ask Your Own Employment Law Question
Customer reply replied 9 months 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.
Category: Employment Law
Satisfied Customers: 13,362
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,362
13,362 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What you charge for helping with garnishment of payroll,
what you charge for helping with garnishment of payroll, bank accounts or putting leans on houses or property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My payroll company has not been paying out employee tips on
My payroll company has not been paying out employee tips on gift cards and checks. Who is liable for the unpaid tips? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I found that staff member that did the payroll who was hired
I found that staff member that did the payroll who was hired hourly overpaid her self 5 to 8 hours per week. When we confronted her she said that she would pay us back and she would resign. Now she is… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a payroll overtime question. We pay employees Piece
I have a payroll overtime question. We pay employees Piece Meal (set amount per job) per a job that may last two or three days. say on Monday and Wednesday and Thursday we paid the crew a set dollar a… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I am responsible for submitting payroll to an outside
I am responsible for submitting payroll to an outside company. If my company misclassifies an employee as 1099, can I be held personally responsible? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
My employer keeps making excuses as to why payroll is
My employer keeps making excuses as to why payroll is delayed. I was payed for last payroll, but still havent been paid for payroll before that. It's been a month since that check should have been wri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Not gettng paid weekly payroll check. With a manager who
with a manager who told him there was a gliche in the system … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Case Description Employer will not pay payroll that is owed
Case Description Employer will not pay payroll that is owed and has already billed company for work completed, continues to not pay wages to me and has been avoiding paying it on multiple requests, cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I did have a question about Employee personal privacy, in
i did have a question about Employee personal privacy … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,362 satisfied customers
Payroll payment dates: If payday occurs on a Saturday or
payroll payment dates: If payday occurs on a Saturday or Sunday should pay be made on Friday, i.e. - a day or two before the date ? With reference to this weekend, Monday is a banking holiday. Does PA… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
If I am on the payroll of a consultancy firm(W2), and I work
[Second opinion] If I am on the payroll of a consultancy firm(W2), and I work for one of their clients:i) can the consultancy firm file for my OPT extension?ii) do I need to be working physically from… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
My employee who works with payroll figured out commisions
My employee who works with payroll figured out commisions innacurately for a year overpaying them. I just had to fill in to do payroll and discovered this she already told these employees what the bas… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
PRIVACY LAW QUESTION FOR CONFIRMATION: As I understand, an
PRIVACY LAW QUESTION FOR CONFIRMATION: As I understand, an employer in Wisconsin is not legally obliged to keep the presence of an employee living on their property or working for that employer -- a s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Colorado, what payroll information must employers provide
In Colorado, what payroll information must employers provide employees? In this case the employee is eligible for tips in addition to salary. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
When an employee wishes to "invoke their right to privacy"
When an employee wishes to "invoke their right to privacy" and directs their employer to hide from others that this employee exists as their employee and/or may be found on the employer's property, wh… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Are Corporate payroll records protected by privacy
Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided staffing services … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Second opinion] Are Corporate payroll records protected by
Second opinion] Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided st… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x