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  1. #1
    LAchick is offline Junior Member
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    Oct 2011
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    My most previous employer refuses to verify employment...

    What is the name of your state (only U.S. law)? California

    I was let go from my previous position due to not participating in office politics... I was a good and productive employee. It's been over 1 year since I was let go and since I've been a good candidate for employment with other companies but don't get hired because my previous employer refuses to verify employment with them. Due to this I have 5 years of employment I can not account for and it's my only experience in the industry. Is there any legal action I can take? I will never be able to obtain employment and my benefits are about to expire. Your advice will be appreciated. Thank you.
  2. #2
    cbg
    cbg is offline Senior Member
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    With extremely limited exceptions that apply ONLY if you were subject to DOT regulations and not always then, your employer has no legal obligation to verify employment. Sorry.

    You might want to see if prospective employers will accept proof of employment by way of your W-2's or pay stubs; or if you can find someone in HR (who should be doing the verifications anyway) or a supervisor who can provide information for you.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  3. #3
    Free_Advice is offline Member
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    Does the previous employer say that you were not employed or just refuses to say one way or the other?

    An odd situation ~ I don't know if a cause of action would be available in any case ~ maybe others would chime in once the question is answered.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by Free_Advice View Post
    Does the previous employer say that you were not employed or just refuses to say one way or the other?

    An odd situation ~ I don't know if a cause of action would be available in any case ~ maybe others would chime in once the question is answered.
    Of course, the question WAS answered. Do try to keep up and stop muddying the waters
  5. #5
    csi7 is offline Senior Member
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    Have someone contact the former employer for employment verification so you can know exactly what is being said by the representative of the company. Make sure who ever calls gets the name, telephone number and extension, physical location of person contacted.

    If the employer is refusing to verify past employment with the company is providing public service, uses taxpayer funding (either state or federal), or receiving credit for hiring veterans, disabled persons, then a complaint can be filed with the agency overseeing these areas.

    If you are able to find a supervisor, HR person, CEO, or other senior management person willing to be a contact for employment verification, use that individual for your contact information source.
  6. #6
    cbg
    cbg is offline Senior Member
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    Okay, I'm willing to learn. Please post a link to the laws that say that employers who are

    providing public service, uses taxpayer funding (either state or federal), or receiving credit for hiring veterans, disabled persons,

    are required by law to verify employment.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.

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