Former Employer Refuses To Confirm Past Employment

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Latest post 03-02-2010 8:59 PM by cbg. 9 replies.
  • 03-02-2010 8:04 AM

    • ddees63
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    Former Employer Refuses To Confirm Past Employment

    I received a job offer from a Fortune 500 company.  While performing a background check, I received an email from their HR Dept stating my last employer refused to confirm my employment.  I contacted the last employer and a rep from their HR Dept stated it was company policy not to confirm past employee's history.  I was told to go to their ADP pay site to get copies of my First & Last paystub and W2s, but the system only goes back to 2007.  I need info from 2005 & 2006. In other words, the burden of proof of my employment was with me, not them.

     

    If I can't get this info into my new company's hands by 3/3/10, I will miss out on a great opportunity.  Do I have any recourse?

     

    Thanks in advance.

     

     

  • 03-02-2010 8:10 AM In reply to

    Re: Former Employer Refuses To Confirm Past Employment

    To the best of my knowledge, there are no laws requiring employers to confirm employment (and Florida has some of the weakest employment laws of any state). 

  • 03-02-2010 8:23 AM In reply to

    Re: Former Employer Refuses To Confirm Past Employment

    Agree with cbg.  You didn't keep your W-2s for 2005 and 2006?  You should have at least have 2006, since the IRS says you keep this information for at least 3 years following the date of the tax return to which it applies; i.e., 2006, due April 15, 2007, keep until April 15, 2010.

    However, here's a possibility, but you certainly aren't going to get the information by tomorrow.

    http://www.irs.gov/tax...

  • 03-02-2010 8:31 AM In reply to

    • Drew
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    Re: Former Employer Refuses To Confirm Past Employment

    While the refusal to confirm employment dates may be a bit childish , the past employer probably has no duty to do so.

     

    Its your burden.

    If new employer wants you they should be willing to accept any credible  support that you were there . Did you save your tax returns and W-2's for prior years?

    How about a letter on company letter head from a friendly past co worker with long service confirming the basic truth that you were there 2005-2008 or whatever--Or if friend is uncomfortable to put it into writing-he or she may be willing to respond to a simple phone call . Confirm same in advance!  So if sitting at my HR desk I got a polite phone call from you explaining that your prior  employer had a blanket policy to confirm nothing  and that the  basic fact of my being there could be confirmed via long term co workers John Jones at  xxx.ccc.yyyy or Sally Smith at xxx.cc.yyzy  and I sought to hire you I could take it from there --and besides--I'd probably have had confirmed you past employment  anyway earlier directly or indirectly---I'l place more weight on how you addressed a polite resolution of "problem."

    In my firm some lower level HRs did stick to rules on overkill side--but a polite bounce up usually got into somebody making a resolution. How you handle it is perhaps 90% of what determines the outcome.

    The not uncommon problem that a past employer refusing to comment is a big red flag for something is there !

    Thats not the prospect you want to create!



  • 03-02-2010 10:37 AM In reply to

    • ddees63
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    Re: Former Employer Refuses To Confirm Past Employment

    My paperwork was lost when I separated from my wife & moved 12/07.  I am missing 06 & 05.

  • 03-02-2010 1:25 PM In reply to

    • cbg
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    • Joined on 12-22-2000
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    Re: Former Employer Refuses To Confirm Past Employment

    Well, strictly speaking, you're agreeing with Carol, Patty, since I have not yet weighed in on this thread.

    However, I agree with the majority; while childish, the employer is not obligated by law to confirm employment.

     

  • 03-02-2010 1:42 PM In reply to

    Re: Former Employer Refuses To Confirm Past Employment

    cbg:
    Well, strictly speaking, you're agreeing with Carol, Patty, since I have not yet weighed in on this thread. However, I agree with the majority; while childish, the employer is not obligated by law to confirm employment.

     

    Oops.  Sorry, Carol.  But, cbg, I was just anticipating your response, because I knew what you were going to say. ;)

  • 03-02-2010 2:18 PM In reply to

    • ddees63
      Consumer
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    • Joined on 03-02-2010
    • FL
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    Re: Former Employer Refuses To Confirm Past Employment

    Called the recruiter at the company that offered.  She will allow the paperwork I've already submitted & realized the trouble I've had. She's never had trouble confirming before. I start training on Monday!

     

    So thank you all for your advice & graciousness.  I will keep better records from now on!

  • 03-02-2010 8:59 PM In reply to

    • cbg
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    • Joined on 12-22-2000
    • MA
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    Re: Former Employer Refuses To Confirm Past Employment

    Congratulations and good luck on the new job!

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