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Past employer refuses to verify. Any recourse?
I was laid off from my previous job when my previous employer merged with another company this past March. Since then, I have been informed by a couple of places I've applied with that my prior employer refuses to confirm my past employment. This is affecting my ability to get another job and Unemployment isn't going to last forever. Is there any recourse I use to get my previous employer to release my employment dates? I can understand being unwilling to go into opinions on my work performance, but dates and duties shouldn't be a problem.
I've checked the Colorado Department of Labor website, but it looks like they will only handle wage disputes. Does something like this fall under blacklisting or defamation laws? I don't know what to do.
5 Answers
- Mr PlacidLv 71 decade agoFavorite Answer
Your prior employers have no duty to be cooperative with prospective employers.
The websites cited in another answer have nothing to do with your particular situation. The websites all concern an employer's obligation to verify that an employee is eligible to work in the U.S. (i.e. that an employee is not an illegal alien).
Suggestion: Explain to prospective employers that your former employer is, for whatever reason, uncooperative. Offer to provide alternative documentation, such as pay stubs, copies of performance evaluations, and contact information for friends & previous coworkers who can vouch for your experience.
Also, treat this as a learning experience. In the future, when you start a new job, be sure you accumulate documents & contacts that will allow you to independently demostrate your experience.
- Anonymous5 years ago
A former employer owes you nothing. He need not keep records or memories beyond what is required by the tax laws. Of course, if someone lies about you -- affirmatively claims that you did not work there -- and that leads to tangible financial harm such as an increased interest rate, you might be able to sue for the slander.
- jusjokin12Lv 71 decade ago
Check out these sites for info and contacts for your state. Based on what I found your former employer is breaking a federal law. Colorado does not have to check employees background but they are required to e-verify all employees working for them and based on federal law need to keeps those records for taxes and liability reasons for a number of years.
Source(s): http://www.acareerinsales.com/articleEmployerAdvic... http://www.visalaw.com/compliance/everify.html http://www.imminfo.com/Library/employer_issues/i-9... http://www.dol.gov/elaws/ http://www.coworkforce.com/lab/CompleteGuide1017.p... - jslindermlLv 71 decade ago
Under state law, it doesn't appear that they are required to verify, though I can't understand why they would not.
A workaround (if you don't mind them seeing your salary) would be to offer to provide your prospective employers copies of your pay stubs from the appropriate dates if your former employer will not.
I would also contact your former employer and identify the reason for the lack of verification. Escalate up through their HR department if applicable.
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