California Employment Verification Laws
- Employment verification in California involves confirming an individual’s work history.
- California law restricts employers from inquiring about a prospective employee’s salary history during recruitment.
- Employers are typically allowed to reveal dates of employment, job title, and rehire eligibility during verification.
- California does not require employers to use E-Verify and imposes several restrictions on its use.
- To prove a violation of employment verification laws, evidence of defamation by the former employer is required.
Applying for a new job can be stressful enough without worrying about what your old employer will say about you. Maybe you did not leave the job on great terms, or you are worried an employer will lie just to keep you where you are. California law provides protections for employees regarding what their former employer can say.
At Cutter Law, P.C., our California employment law attorneys are well-versed in California employment verification laws and how they can affect you. If you believe your rights were violated by a former employer, get in touch with us. We help employees exercise and defend their rights.
What Is Employment Verification?
Employment verification refers to the process of verifying your work history and that you worked for a particular employer. It is meant to confirm the information you gave as part of your application or interview. This should be a straightforward process where your former employer simply answers any questions honestly and truthfully.
The reality is often something far different. Some former employers will lie or volunteer information that was not requested. California law offers some limited protections for employees that may protect your interests and entitle you to monetary compensation.
California Laws Regarding Employment Verification
California employment law is complex, but qualified employment law attorneys know how to educate you and represent your best interests. Employers are given limited immunity under California law for their communications about former employees. This limited protection means that employers are generally not liable for the statements they make about you to other potential employees, but with important exceptions.
In most cases, a former employer is not immune from a lawsuit if it makes statements that are:
- False or reckless about their falseness
- Malicious in nature
- Unrequested or unsolicited by the potential employer
- In violation of a contractual agreementÂ
- About protected conduct like union activities or political speech
Statements of this nature mean that the employer is not protected by immunity, but it also does not mean the employer is automatically liable. It requires proper evidence to prove a violation of your rights before you may be entitled to any compensation.
Employment Verification Law in California Imposes Limitations on Employers
In California:
- Employers are strictly prohibited from inquiring about a prospective employee’s salary history during the recruitment process.
- Should a job applicant willingly disclose their past salary, employers are permitted to verify the information, but using this volunteered information to determine the salary offer for the new position is unlawful.
- During the employment verification phase, former employers are typically allowed to reveal dates of employmentt, job title and rehire eligibility.
- Moreover, when assessing rehire status, California law clearly protects a former employer’s right to express their willingness to rehire an individual, granted that the statement is honest and not maliciously intended.
- These protections and restrictions also apply when communicating with a former employer, ensuring that salary information remains confidential unless it is voluntarily offered by the individual.
Unsolicited Information
Many employers limit what they include in employment verification unless they are asked for additional information. If an employer volunteers damaging information without it being requested, this is strong evidence the employer may have violated your rights.Â
Unsolicited information violates the law if it is made with the intent to prevent the employee from getting hired. The former employee may be entitled to significant compensation when the employer violates California law in this way.
Methods of Verification
Prospective employers may use multiple ways of verifying your personal information and employment data. For example, the California Department of General Resources Human Resources Department provides for the following methods of employment verification:
- Phone verification
- Written verification
- Fax or email verification
These methods may be used by other employers to learn more about you and your work history. However, some employers violate California law when they provide false or malicious information using these methods.
Does California Require Employers to E-Verify?
California does not require employers to use E-Verify. California actually limits the use of E-Verify in several ways, including:
- The employer may not use E-Verify before an offer of employment is made
- The employer cannot use E-Verify on existing employees
- Employers must provide notice to the employee of any Tentative Nonconfirmation (TNC) status in E-Verify
Employees who violate E-Verify laws face a civil penalty of up to $10,000 for each violation. Every unlawful use is considered a separate violation under California law.
Proving Employment Law Verification Violations
You and your attorney must prove that your former employer violated California employment laws in order to succeed. This requires specific types of evidence and often requires establishing the elements of a defamation lawsuit.
What Is Defamation?
Defamation refers to an act of damaging another person’s reputation. It may occur orally (slander) or in a written form (libel). In order to prove a case of defamation against a former employer, you must prove:
- Falsity of the statement:Â The former employer must make a false, unprivileged statement of fact about their former employee. Opinions or privileged communications are not subject to defamation lawsuits in most cases.
- Publication of the statement:Â The false statement must be communicated to another person. In employment verification cases, the statement is usually made to the prospective employer as part of the verification process.
- The employee suffered damage:Â The employee must suffer some damage to their career or reputation as a result of the false statement. The fact that it was false is not enough. It must actually cause some harm.
These cases are not simple to prove. They require specific evidence of each of the elements above. It can be quite challenging to prove defamation if you represent yourself or hire an inexperienced attorney. You need employment attorneys who know how to handle and prove your case.
Examples of False Statements
Any false statement that meets the elements may be defamation. In the employment verification context, common false statements employers make include:
- False claims about a former employee’s job performance
- False information about the former employee’s honesty or other personal traits
- False accusations of criminal conduct or criminal history
- False statements about tardiness, attendance issues, or work performance
These statements and countless others could entitle you to file a defamation lawsuit against your former employer. The attorneys at Cutter Law, P.C. are here to help you fight back.
Options if Your Rights Were Violated During Employment Verification
You have options if your rights have been violated. Our California employment attorneys know how to pursue these methods and many others:
- File a defamation claim:Â A defamation lawsuit may entitle you to financial compensation if your employer made false statements about you that damaged your career or reputation.
- Report the violations:Â The California government has several agencies that supervise and punish violations of employment verification laws. Your attorney can help you report these violations.
- File a complaint:Â A complaint with a government agency is similar to a lawsuit in many ways. However, it requires compliance with very strict filing and evidentiary requirements that are best handled by a licensed employment law attorney.
- Negotiate a resolution:Â Some situations can be resolved via a settlement. Often, it is a particular supervisor that makes the false statements. Even though the employer is likely liable, they may not have approved of this conduct. The former employer may be willing to settle the claim and pay you damages to avoid litigation.
Choose Cutter Law P.C. for Employment Verification Violations
Our attorneys at Cutter Law P.C. know your rights and how to protect them. Employment verification law is complex, but you do not have to handle this process alone. We can meet with you to discuss your case and learn about your situation.Â
Our attorneys lead the way in employment law throughout California. We represent clients throughout the state, including in Sacramento, Oakland, and Santa Rosa. Contact Cutter Law today for your free consultation.
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