What can I do regarding an employment verification refusal?
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What can I do regarding an employment verification refusal?
I am a health care professional who accepted a position at another health care facility after leaving my former employer. I have worked for 2-3 additional facilities since time all with good references. My new position is finalizing final steps and I am due to start my new job in a few weeks. My new job cannot get my former employer to verify my employment 10 questions on a one page form. They are flat out refusing. I have nothing to hide and have been transparent with them. During my former job I was harassed and bullied beyond belief and finally left to find the light of day. My former employer is being very vindictive. I have signed a release for them to release the information on the employment verification form as well. Can I seek a subpoena or court order to get the employment verification completed? My new job will not allow me to move forward with this position without the employment verification form completed. I have also been told it is a huge red flag to my new employer without the form being signed by my former employer. This is so unprofessional and is affecting my livelihood and my ability to find work.
Asked on July 16, 2019 under Employment Labor Law, South Dakota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfortunately, absent an employment contract or union agreement to the contrary, an employer is not required to provide verification of employment. So while you can request it, your ex-employer is not legally bound to provide it. That having been said, your paystubs, tax returns, etc. may possibly be accepted as proof of your past employment. That all having been said, pssibly here are other avenues to pursue under specific state law. At this point, you should consult a local attorney you can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfotunately, bsent an employment contract ro union agreement to the contrary, an employer is not required to provide verification of employment. So while you can request it, your ex-employer is not legally bound to provide it. That having been said, your paystubs, tax returns, etc. may possibly be accepted as proof of your past employment.
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