FAQs Regarding an Employment Verification Letter
For many businesses, an employment verification letter is a critical step in the hiring process3 min read
For many businesses, an employment verification letter is a critical step in the hiring process. It is important to understand both the federal and local laws governing employment verification and other aspects of the hiring process. Employers in the Dallas area must be aware of the legal implications of an employment verification letter and review all employment documents carefully and accurately each time they are used. This article will provide information on frequently asked questions (FAQs) regarding an employment verification letter to help ensure businesses remain in compliance with local and national statutes.
An employment verification letter is typically used as proof that a job candidate was employed at a certain position for a particular period of time. In order to be included in the letter, the job candidate must have provided a signed authorization for the prior employer to give out the information considered acceptable in verifying the employee’s-work history. This is often referred to as a “release of information” document, or a letter of authorization for a third party to obtain information regarding a prior employee’s job or employment history.
Typical questions that may be answered by an employment verification letter include a former employee’s start and end dates, additional job titles held during their tenure, and the time in between jobs. The letter may also include information about the employee’s job responsibilities, performance, and any awards received during the duration of their employment. It is not uncommon for a former employer to only provide minimal information; however, if an employer is willing to disclose more, such as information about performance reviews or attendance records, the employer must be able to demonstrate legal responsibility for the information and have proof of its accuracy.
When drafting an employment verification letter, the employer should include all relevant information regarding the job seeker’s past position or job duties. The employer should also make sure the verification letter accurately describes the job seeker’s current skills, abilities, and expertise. Any facts that are inaccurate should be erased or changed before signing the letter as any false or misleading statements can be considered negligent.
When writing an employment verification letter it is important for the employer to follow the guidelines set forth by the Equal Employment Opportunity Commission (EEOC). This is especially true in today’s highly regulated job market. According to the EEOC, employers are not permitted to request or infer particular information that may indicate an individual’s gender, age, race, ethnicity, disability or country of origin when verifying employment records.
Additionally, employers should keep in mind that in some cases, an employment verification letter may be subject to public records laws. In the state of Texas, a prospective employer who provides an employment verification letter must provide written notice that the information contained in the verification is true and correct to the best of their knowledge.
The Texas Supreme Court has also made it clear that it is not legal for a business to make an offer of employment to an applicant based on falsified employment verification information or fail to act on a decision due to the contents of a verification letter. Furthermore, employers can face both criminal and civil penalties for providing false or misleading information on an employee verification letter.
It is also important for businesses to check references and verify any information provided on an employment verification letter with the prior employer. This can help to ensure that the job seeker is telling the truth about their experience, especially since many job applicants attempt to embellish their resume or prior work experience in order to obtain a desired position.
No matter what kind of information is listed in an employment verification letter, businesses and potential employers must be cautious in how they utilize the contents of the letter. Compliance with the above mentioned regulations is essential when drafting, obtaining, and utilizing an employment verification letter. With the right guidance and assistance, employers can safely ascertain an applicant’s background information.
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