Am I allowed to verify previous employment without an applicant's signed consent?
Find answers to your legal question.
Am I allowed to verify previous employment without an applicant's signed consent?
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I have a pool of 10 potential candidates for a position as a truck driver within my company. We have a standard form that we send to applicant's previous employers to verify previous employment history. I was wondering if we are allowed to request this information from previous employers without the applicant's signed consent? I do not want to violate any privacy laws.
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1337AzN
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I would ask in a more official place rather than y|a. |
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Candy Kisses
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NO WAY |
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Whitney
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no you are not allowed to, there is a form that we as potential candidates sign, working in hr you should know that, because you could get a lawsuit against you |
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Heart Break
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should |
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jaZmin
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i have no clue |
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Must Be The Clouds In My Eyes
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no you cannot however usually there are conditions where if you dont sign you cant get the job |
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Rigo
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It depends on the state's laws. At least here in california, all a previous employer can provide is proof the applicant was employed, title, and starting/ending salary.
The way you can see if an applicant is a good one would be to ask if they'd hire the person again.
Anything more specific, and it's likely illegal. |
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JesusRox
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You can "ask" anything without violating privacy laws. However, you can only answer questions about 1)Position or Title. 2) Date of hire. 3) Last day worked. |
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*summer*
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Yes, you have to have the applicant's permission before you do anything like that. |
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righteousjohnson
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No you can't.
You have to either contact the applicant and have them sign and return a faxed copy of the waiver, or process their application without it on the assumption that they have no work history with that employer (pending verification). |
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A Penny
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Nope, you cannot (it may be different from state to state however). If they don't consent, you do not have to hire them.
You also have to be careful about what questions you ask the former employers and how it should influence you in hiring them. |
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BMW BFD
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It depends on how your application is worded. If where they sign the application at the end states that you have the right to verify the content of the application then yes, that covers the consent to verify employment. Otherwise, no. |
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MandyM
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I don't think you can, every application I have every filled out I had to say it was Ok to check with the former employers |
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Ramona-please step back!
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No...be on the safe side and GET their consent |
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leysarob
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Yes, you can ask. Some former employers won't answer your questions without a signed form, and some will only verify dates of hire, etc.
I check on these types of things all the time and only on rare occasions will an employer ask if I have a signed consent form.
Go for it! |
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vt g
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Hi..take a look at this link, i think you'll find it helpful not only in this particular question, but for many more. http://employeeissues.com/background_checks.htm |
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BCP
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You can ask. The dates someone worked somewhere are not private. Even if they were private, the privacy right was waived when they told you who they worked for and when. Likewise, everyone who says you can only ask dates of employment and everything else is illegal is wrong. You can ask anything but the former employer will usually only provide basic information because they don't want to be sued for defamation or intentional interference with a business relationship.
Lastly, you should still get them to sign the authorization form just because people are litigious and could file a meritless lawsuit. It still costs money to defend even though you would win. |
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