In Pennsylvania what are the laws for giving employment dates of past employees?

[Referencecheck]

Hello many questions.

What is the name of your state? Pennsylvania

When prospective employers contact a persons old employers are they required to at least give the employment dates that an employee had worked there? If so, is there any recourse that a person may take if a company refuses to give out that information? How many times should a pospective employer have to try to get this information before something can be done? When attempting to get a date of employment, does the prospective employer need soc sec# or just name address, etc?

Is it 3 or 7 years in PA that companies are required to keep employee date information-especially since a passed employee had taxes withheld from their paychecks?

Are corporate headquarters of companies required to keep employment dates on all employees or if that employee worked at a branch office do they not have to carry that info?

Another question...

When a prospective employer calls to verify employment dates of a worker is it legal to require the prospective employer to pay $15 to acquire the dates of employment of that previous employee? More if they wish to acquire payroll information? If it is illegal what is the recourse for prospective employer and previous employee?

 

[Beth3]

When prospective employers contact a persons old employers are they required to at least give the employment dates that an employee had worked there? An employer isn't required to give out any information if they choose not to, regardless of the State.

If so, is there any recourse that a person may take if a company refuses to give out that information? Nope.

How many times should a pospective employer have to try to get this information before something can be done? There isn't anything that can be done.

When attempting to get a date of employment, does the prospective employer need soc sec# or just name address, etc? That's up to the employer. If it's a huge employer with thousands of employees, they might need the individual's social security number to find their employment records and make sure they have the right one (i.e. there could be multiple "John Smith's.") Smaller companies likely just need the correct name and possibly dates of employment.

Is it 3 or 7 years in PA that companies are required to keep employee date information-especially since a passed employee had taxes withheld from their paychecks? That's a tax question. Depends upon how long an employer's payroll and other records are subject to audit. Most employers keep employee payroll/personnel records quite a bit longer than any required period however.

Are corporate headquarters of companies required to keep employment dates on all employees or if that employee worked at a branch office do they not have to carry that info? It's up to the employer.

It appears you're trying to find a way to force a prior employer to confirm your employment and give out a reference. You can't.

 

[Referencecheck]

When a prospective employer calls to verify employment dates of a worker is it legal to require the prospective employer to pay $15 to acquire the dates of employment of that previous employee? More if they wish to acquire payroll information? If it is illegal what is the recourse for prospective employer and previous employee?


Please see this link http://www.workplacefairness.org/pblog.php#106184614543769276

However, the complete lack of a recommendation can also be problematic for both workers and employers. For example, one employer who completely failed to even verify employment faced litigation from a former bank employee who was unable to find new work in the financial services industry. Paul, a 25-year banking industry veteran recounts that he "was laid off after a corporate merger, but the bank refused to respond to requests for a reference by potential employers. No one in the banking industry would hire me without a reference, so I finally had to get a job as a substitute school teacher to pay the bills." Paul settled with his former employer for an undisclosed sum. Those in the field claim the failure to verify employment is a common tactic. According to Michael Rankin of Documented Reference Check Inc. (DRC), "Devious ex-employers can blow you out of the job market by refusing to respond. Potential employers can't hire nonverified applicants without risk of leaving themselves wide open for a negligent hiring suit."

 

[cbg]

I'll let Beth speak for herself, although I know what she will say.

Speaking for myself, certainly the failure to provide a reference CAN create a problem for both employer and employee, if the circumstances go the right (or wrong) way. Just as an employer saying the "wrong" thing can be a problem.

However, the fact remains that no Federal law and no law in ANY state makes it mandatory for an employer to provide a reference.

 

[Beth3]

Sorry but I'm not going to root around through pages of text at that link to find what you believe may be pertinent.

When a prospective employer calls to verify employment dates of a worker is it legal to require the prospective employer to pay $15 to acquire the dates of employment of that previous employee? Yes. Providing references and verifying employment takes staff time and if the employer wishes to charge for providing that service, they may.

More if they wish to acquire payroll information? Sure.

If it is illegal what is the recourse for prospective employer and previous employee? It's not illegal.

Regarding the case you cite, I'm not familiar with it but simply because an employer elected to settle a suit does not mean the employer has engaged in any wrongdoing. It often means the employer has chosen to forgoe the cost and hassle of defending a nuisance suit even if they would prevail in court, which is frequently what the plaintiff is counting on.

Posters at BB sites such as this either are complaining that an ex-employer IS providing [unflattering] references on them and are hoping that's illegal; others such as yourself are complaining that their employer won't provide info. Clearly, there's no making everybody happy. It's ENTIRELY a matter of company policy.

 

[Referencecheck]

thank you both.

For the sake of all job seekers it safe to say save all references during an employment time...arm yourselves in interviews with W4 forms and such...any documentation that proves that you were employed.

Employees that have taxes taken out should have no problem whatsover verifying an employment date of a past employer, however, as the times have changed drastically in the recent employer holds all the cards era...the only way you have proof that you worked is your good old income tax form. (one the countries most useful tools to a person)

Whether the fact remains that employers wish to protect themselves, the fact remains that taxes were withheld because a person worked and that is all the proof that person needs.

 

[Referencecheck]

I see. Thank you once again.

I also see it from both sides of the fence.

Companies wanting to protect themselves, people looking for work. I am employed.

My bet is you will see a quick turn of events that provides job seekers with more rights. After all, you do need to admit there are more companies taking advantage of employees now than ever in the history of work.

Saying you will make a certain salary and then lowering an employees wages (good example the airlines) taking back benefits, relinquishing on the raises that workers were told in good faith they would receive. Companies making contracts that are null and void in a court of law when employees have no need to not think they are. Oh yes, it doesn't take rocket scientists to see the that companies are treating employees wrong...every day we see more...

What I advise every job seeker to do is to have ample proof of your work history before going to an interview...show them your awards, your hard work history in documentation...proof in your tax forms. Have the IRS print it out in a special document...arm yourself because companies like to play hard ball and guess what now so do employees. We, in America have laws to protect workers and if some don't exist they will soon. Just as a company has a right to make money so does a citizen of the US...rights go both ways.

require that a company treat you a worker with respect as you are their bread and butter...if they don't see they are nothing without workers now they will see it very soon.

Damagin references...or no reference is the same thing nowadays...so prove you existed the only way you can...

 

[Beth3]

If your former employer won't veryify your employment, then just give a copy of your W-2's to the prospective employer. Everyone at least should be retaining a copy of those with copies of their tax returns. Nobody needs to have the IRS print out a special document - which I'd guess they wouldn't do anyway.

 

[Referencecheck]

The IRS most certainly would if there are specific circumstances...after all this country is based on the protection of the people...workers are people...

Take 10 companies today...check them out, most probably 6 out of those ten companies are screwing their workers and badly. Why? Because they can...Will it continue? No it most certainly, but in the meantime working America has to stand up for themselves. Arm themselves with good information on what they can do.

And, from what is logical if an excompany is smearing an employee, report them to the Labor Industry. They do their jobs and if not now, in the future, that company will be held accountable for their actions. That's a fact.

 

[krispenstpeter]

GIVE it a frikkin break deadhead. If you showed up at my office with a resume and no dates attached for your work history, you'd be walking out within the first minute.

 

[Referencecheck]

I see. This forum provides biased information...perhaps state legislature would be interested in this.

If you had a company, which I assume you don't anyway, you've probably been reported for numerous reasons to the labor industry, therefore, watch your step, your doors might be closed quicker than you blink.

Thanks all for the time...it is money you know. I have to make some and it looks like there is plenty to be made. Bye

 

[Beth3]

Oh, brother.

And the sun sets in the west as we watch referencecheck crash and burn in a blaze of idiocy...

 

[krispenstpeter]

I see. This forum provides biased information...perhaps state legislature would be interested in this.

If you had a company, which I assume you don't anyway, you've probably been reported for numerous reasons to the labor industry, therefore, watch your step, your doors might be closed quicker than you blink.

Thanks all for the time...it is money you know. I have to make some and it looks like there is plenty to be made. Bye

You're right jerk, I don't have "A" company. I own three with ownership interest in another two. As for closing my doors, they are already. at least to idiots like you.

And PLEASE go inform your state legislature of this "ISSUE". And while you're at it, don't stop there. Congress and the U.S. Supreme Court would be mighty grateful for you giving them an 'in' to lgislate private business.

HELL, we might even get to run our "PRIVATE" business like the Germans. Required to give our workers 6 weeks of vacation on their very first day.

You're a joke.