Our legal friends at Avvo.com were gracious enough to post this question to some attorneys to confirm that, “Yes, the employer can refuse as there is no law that requires an employer to verify your employment.”
Can an employer refuse to give you your employee file?
Compliance with the applicable privacy legislation does not necessarily require an employer to hand over an employee’s personnel file in its entirety. In the absence of a workplace policy or agreement granting an employee’s right to his or her personnel file, an employee’s request for information may be refused.
How do employers verify current employment?
Employment history verification involves contacting each workplace listed in a candidate’s resume to confirm that the applicant was in fact employed there, to check what the applicant’s job title(s) were during their work tenure, and the dates of the applicant’s employment there.
What should employers not keep in personnel files?
She has covered HR for The Balance Careers since 2000. Employers should never place particular items in your general personnel records. The contents of your employee personnel files and records are generally accessible to the Human Resources staff, the employee, and the employee’s manager or supervisor, in some companies.
Can a former employee request a copy of your personnel file?
A former employee can also request a copy of his or her personnel records. Best practice makes the personnel file only accessible by Human Resources staff members. You need to keep personnel files under lock and key in a storage area that makes them inaccessible to other employees.
Do you have to disclose information about former employees?
Large companies typically have policies regarding the disclosure of former employee information, but may not. Many smaller employers don’t have a policy at all or aren’t aware of or concerned about legal liability issues.
Can a company sue an employee for deleting files?
According to the U.S. 7th Circuit Court of Appeals the answer is a resounding no. In this lawsuit, the International Airport Centers (IAC) sued former employee Jacob Citrin after he returned a work laptop with all the files securely deleted.
