If a company refuses to release a employment verification form to complete my daughter’s welfare benefits, can I sue them?

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If a company refuses to release a employment verification form to complete my daughter’s welfare benefits, can I sue them?

They refuse to answer or return my calls. I have lost my daughter’s welfare benefits once already. I have been fighting with them for 3 weeks. I cannot get in contact with any supervisor or manager. All I need is for them to fill out and sign the form but they refuse to do it .

Asked on August 3, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In the general course of  events, an employer is not required to verify employment for employees or to help employees or former employees in any way. It may be the case that the only way to force them to complete and release the form would be with a lawsuit; in a lawsuit, there are mechanisms to get forms like this, and/or you could seek a court order compelling the employer to complete the form. You should speak with an attorney about your options--one possibility is to contact Legal Services, who provide legal represenation to many people who cannot afford a lawyer. Also speak to the welfare department about alternate means to verify employment, such as (for example) check or payroll stubs--this can't be the first employer who has not cooperated, so there should be some alternate mechanism.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In the general course of  events, an employer is not required to verify employment for employees or to help employees or former employees in any way. It may be the case that the only way to force them to complete and release the form would be with a lawsuit; in a lawsuit, there are mechanisms to get forms like this, and/or you could seek a court order compelling the employer to complete the form. You should speak with an attorney about your options--one possibility is to contact Legal Services, who provide legal represenation to many people who cannot afford a lawyer. Also speak to the welfare department about alternate means to verify employment, such as (for example) check or payroll stubs--this can't be the first employer who has not cooperated, so there should be some alternate mechanism.


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