Is it Appropriate for a Background Check Company to Request Proof of Employment from Job Applicants?
One of the most contentious aspects of the modern hiring process is the requirement for job applicants to provide proof of employment. Many, including myself, find this practice to be both unnecessary and invasive.
The Validity of Proof of Employment
Forgery Concerns: Not even remotely. Asking for a ldquo;proof of employmentrdquo; document can be as trivial as forging onersquo;s own work history. Background check companies realize this and typically would not trust such a document submitted directly by the applicant. It goes against common sense and proper due diligence.
Still, while this practice may seem unreasonable, it is indeed common in specific industries where trust and integrity are paramount, such as law enforcement and government positions requiring Public Trust or higher security clearances. For the majority of positions, however, verification of such details is usually left to the hiring organization, who will contact the previous employer directly.
The Normal Hiring Process
Verification by the Hiring Company: In the typical process, the hiring company will reach out to the previous employer to obtain limited information, usually limited to dates of employment and job positions held. They do not require the applicant to provide their own ldquo;proof of employment.rdquo;
Government and Law Enforcement Jobs: In certain specialized fields such as law enforcement and government positions, it is not uncommon for the hiring organization to request a known individual who can be contacted directly by the background investigator. However, this is not a universal requirement and is only applicable if the background check company has the necessary contact information.
Less Common Exceptions
Self-Employment and Non-Participating Employers: Some previous employment situations, such as self-employment, or instances where the previous employer is unwilling to participate in the verification process, may necessitate more direct proof. In such cases, submitting W-2s, payroll stubs, or other types of documentation may be the only way to provide independent verification.
It is important to note that, though uncommon, different requirements apply to unique job roles. For example, some high-sensitivity positions like government or law enforcement jobs might still ask for these documents as a part of their stringent verification procedures.
Potential Reasons for Requesting Documentation
Discrepancy Validation: If there is a discrepancy in the information provided by the candidate, the hiring company may request proof as a means to validate the candidatersquo;s claims. This could also arise from inaccuracies within the HR records of third-party clearinghouses that are used for large-scale employment verification.
Company Policies: The decision to ask for proof of employment may also stem from internal policies or procedures. For instance, my own company has imparted the importance of giving both parties the benefit of the doubt before jumping to conclusions, employing thorough verification processes to ensure accurate information.
Conclusion and Advice
While the practice of requesting proof of employment is unusual and may seem invasive, it can be necessary in certain circumstances. If a company mandates such a requirement, it is best to provide the necessary documentation to obtain the job.
It is also wise to verify the reason behind the requirement and ensure that the process is fair and necessary. As a non-legal expert, my interpretation is based on my personal experience and can be considered probable good advice, not legal opinion.
Note: For any legal advice, it is advisable to consult a legal professional to understand the implications and requirements in your specific situation.