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 other
companies 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.
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