Is it the right of every employee to request for a letter of employment/experience?

[Vasanth]

Hi,

Thanks for looking into this case.

I currently work in the United States as a non-immigrant worker in the IT industry. My Visa Class is H1B and the visa was sponsored by my employer.

I am planning to apply as a Federal Skilled Worker in Canada by myself(without any sponsors). As part of the documentation work, I am required to submit a letter of employment from my employer in the company letter head.

However, when I contacted the HR department of my organization, they rejected my request stating that they cannot issue me a experience letter on the grounds that I am applying for a immigration visa.

I understood that their main reason behind this was that they were concerned that I might quit the organization as I might not be dependent on them anymore if I were applying for an immigrant visa (the employer being my current visa sponsor).

I believe that it is the right of every employee to request for a letter of employment/experience letter from the employer irrespective of the reason it is requested for.


What rights do I have an employee when I work in the United States?

Are there any laws that state that the employee is entitled for an experience letter from the employer even if it were for another prospective employment?

How do I proceed further in this case and How am I protected if the organization retaliates against me in a different way?

 

[cbg]

There is a reason we ask for your state.

Experience letters, called "service letters" in the US mostly, are not the norm in the US. A very, very small handful of states requires that one be provided upon the WRITTEN request of the employee, and generally within a very short window of time. In most states they are not required and it is up to the employer whether to provide them. It is your right to ask, but unless you are in one of the few states that requires them AND you ask within the format and time frame indicated by the state statute, it is the employer's right to refuse. In most cases such letters are ONLY required, even in the few instances that they are required, only after your employment ends.

If you provide your state I can tell you if you are in one of the states where it is required and if so, the requirements for you to receive one.

 

[Vasanth]

Hi,

Thanks for replying to my thread.

I work in Attleboro, Massachusetts.
The employer's headquarters is New Jersey.

The main point here is that they are willing to issue such employment/experience letters for other different purposes like when I apply for a tourist visa, or applying for a credit card, or a passport etc.
However, they are particularly reluctant to offer it to employees on the ground that they are seeking better employment prospects/or applying for a immigrant visa which makes the employees no longer dependent on the employer as the employers always have an upper hand when they act as sponsors for visas.

Can this be considered a case of discrimination? (since they specifically exclude it only for purposes that might make the employer independent/empowered).


The below is the template how we are normally request this with the HR:


07/10/2014
Reference no-

To Whomsoever It May Concern

This is to certify that EMPLOYEE_NAME EMP ID 999999 is employed with EMPLOYER_NAME on a full time basis since 99/99/9999.

He is deputed to EMPLOYER_NAME – USA effective 99/99/9999, designated DESIGNATION in North Attleboro, Massachusetts. His approximate gross salary is $ 00 per year.

EMPLOYEE_NAME is currently residing in the following address, as per our records: 123 XXX Street, XXX 1298, North Attleboro, MA 02760

This authorized certificate is being issued to EMPLOYEE_NAME for the purpose of applying for immigration to COUNTRY. Please do not hesitate to contact me if any further information is required.

For EMPLOYER_NAME

Sincerely,




Regional HR Manager Name
Designation
Address : Line 1
Address : Line 2
Phone No:
Email id :


The employees would fill up this template and send it to the HR and the HR would verify the information, print it in the company's letter head, sign it and send a scanned copy to the employee.
I have even used the same template and obtained this reference letter for the purpose of applying for my parents' visa.

It is only in the instances when the employer finds that the request is a threat to the organization in anyways (like in this case me applying for a immigrant visa that me no longer dependent on my employer) rejects the requests and I would like to know how I can legally approach them if it is a valid case of discrimination.


Thanks again.

 

[cbg]

Neither Massachusetts nor New Jersey requires that they provide such letters to anyone.

It is a myth that anything they do for one employee they are then required to do for all, or that if they do it for one reason they are required to do it for all reasons. They have no legal obligation to provide such a letter, and unless they are failing to do it SOLELY because of a reason protected by law (wanting to apply for other work in another country is not a reason protected by law) the fact that they have do so for other reasons does not make this a case of illegal discrimination.

You are free to try to convince them to provide the letter. There is no law you can invoke that will force them to do so.

 

[Vasanth]

I understand that an employee does not have a right to a reference letter, good, bad, or indifferent.

I got to know that in Massachusetts, an employee does have a right to a copy of his or her personnel record. See Mass GL c 149, s 52C. Employees can also request records of their work hours. See Mass GL c 151, s 15. In that way, then, an employee in Massachusetts, at least, can establish that he or she worked for an employer for a certain period of time.

I have raised a grievance request with the employee grievance cell to persuade them to issue me once such reference.
However, if it still does not work, in this case, can I request the letter from my employer with regard to Section 52?

References:
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52C
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section15

 

[Zigner]

I understand that an employee does not have a right to a reference letter, good, bad, or indifferent.

I got to know that in Massachusetts, an employee does have a right to a copy of his or her personnel record. See Mass GL c 149, s 52C. Employees can also request records of their work hours. See Mass GL c 151, s 15. In that way, then, an employee in Massachusetts, at least, can establish that he or she worked for an employer for a certain period of time.

I have raised a grievance request with the employee grievance cell to persuade them to issue me once such reference.
However, if it still does not work, in this case, can I request the letter from my employer with regard to Section 52?

References:
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52C
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section15

AGAIN - you cannot force your employer to give you a reference. You cannot force them to write such a letter. You CAN get a copy of your file. Get it?

 

[cbg]

You can request anything you like, as often as you like. You may well burn your bridges with the employer but the law does not stop you from asking.

However, no matter what you ask for and how often you ask for it, the ONLY thing your employer is required by law to give you is a copy of your personnel file. There are NO circumstances where the law is going to force them to give you a reference or any kind of service letter.