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Verify
Employment Records
Copyright 2004, Kathy Wolfson
Failing to verify employment records not only puts
the safety and security of your business at risk, but it could
result in a negligent hiring lawsuit that could make you liable
for millions of dollars in damages should someone that you hire
injure a coworker or customer.
Courts have consistently ruled that employers have
a duty to prevent workplace crime and protect their employees
and customers from the "foreseeable" acts of
an employee. Employers
who fail to conduct a through background investigation,
including the steps needed to verify employment records, may
be liable for facts that are known or "should have been known"
regarding an employee's character or job-related experience.
One of the key steps to ensuring that you cover all
of the bases to "prove" that you made a
diligent effort to uncover any unsuitable history
that your candidate may have is to verify employment
records.
In this increasingly litigious world, previous employers
are loathe to discuss their real experiences with
a former employee. Many employees have successfully sued previous employers
for releasing damaging information. So, how do you walk
the line between not doing anything at all, and making a diligent
effort to verify employment records?
Your first step is to issue the employment candidate
a form that gives you permission to verify employment records,
and gives previous employers the right to release that
information. Ideally, the employee should be required to sign this
form in the presence of a Notary Public.
You should make up a list of employment-related questions
and attach them to the form. Mail a copy of the form,
and the questions, to each previous employer. Include
a cover letter that identifies you and your company,
and enclose a self-addressed, stamped envelope to
make it easier for the previous employer to return
the questionnaire.
If the previous employer does not respond within
a week, you should call and ask if they received your request
to have them verify employment records. If they did not, ask for
a fax
number and the name of the person that you should
direct the fax to. Follow up again to make sure that the fax
was received.
If you simply can not get an answer from the previous
employer, or they refuse to verify employment records, then
you should contact the candidate and explain the situation. Tell
them that you can not move forward with the hiring process until
you have the required information. Suggest that candidate contact
the former employer directly to help the process along.
If your candidate has a long employment history,
spanning 10 years or more, then it is possible that
some of the employers will no longer be in business,
or will have merged with othercompanies making them
difficult to find. In that case you will have to be
more diligent in your steps to verify employment records.
Your obligation to avoid a negligent hiring lawsuit
does not "go away" unless you can prove
that you have made every reasonable effort to verify
employment records of every new hire that joins your
company.
Kathy Wolfson writes for the business section
and is interested in women in workplace issues. Visit
for more resources: http://www.designer-handbags-discounts.com/conferencing/index.html
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