Are we required by law to provide creditors with employment verification without employees permission?

Question

I am used to receiving verification requests for loans and, because they have the employees signature, have always submitted info. I ALWAYS ask for a formal request by fax so I know who I've given info to. Today I received a fax stating "The named employee has listed your company as their place of employment. Please correct &/or update the information given to us". It then listed the employee and the SS#. At the bottom of the fax it states "This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for the purpose". So, I called the employee. He didn't recognize the company so I didn't send a response. I searched Fair Debt Collection Practices Act and can't find this situation. Can't find Missouri state or Federal law referencing this either. Don't want to be violating a law for not sending it as I did receive a formal request. Seems to me, debt collectors shouldn't be allowed to do this through employers.

Answer 1

The only time you are ever REQUIRED to do anything is when you are served with an original or certified copy of a Court order to do so. (Subpoenas are court orders) Requests for employee information are strictly voluntary & should only be given if the employee authorizes it.

Answer 2

No, a person has to sign for release of such information.
If a company calls wanting to verify employment all you have to say is we do not give that information over the phone if you would like you can fax me a copy of the signed consent to release information form and you will fill it out and send it back.
The only person you can tell anything to about an employee is if you receive a garnishment against an employee. If the employee is no longer there you tell them so, if the employee is there you have to tell them they are employed but you do not have to tell them how much they make, because state laws prevents them from taking a whole paycheck they are only allowed to take up to 25% per check until the debt is paid.

Answer 3

Get a No Cost Background Check Scan at https://tinyurl.im/aH3Nu

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 4

Depends on the state laws where your company operates. If required, then employment verification should be a simple Yes or No answer, with no financial or other details provided.

Answer 5

You are never REQUIRED to provide such information. However, it could make the difference as to whether or not the employee is extended a line of credit (for car, house, credit card). It would be wise to get some kind of consent before you release any personal info(e.g. SSN, phone #'s etc.) as it could be a ruse to defraud the individual. The above suggestion to get written consent is very wise.

Answer 6

I just tried https://webmd.im/verispy last year to see if I could Locate my birth-father. My bio father left me when I was 7, and has refused to be a part of my life since. I grew up with my bio Mother and Step-father. I have only ever talked to my biological father a couple times until now. All I knew of him personally when I conducted the search was his first name, last name, and the street address of a previous address he used to have.

When the search results came back based on the minimal info I had, It pulled up a recent address along with even a phone number. When I called the phone no., I heard the voice of what sounded like it may be my step-brother. I asked if Joseph(my biological dad) was there, and he said no but to try back after 5.

I haven't done anything with the info, But I found what I was wanting to have.

Answer 7

You may ONLY release the information (other than confirmation of employment) with the employee's consent or a court order in most states. (Every state that I know of but I like to hedge my bets because I haven't dealt with every state regarding employment law.)

Answer 8

NO! You cannot provide them with any information unless they have a signed consent form signed by your employee. You could get in a lot of trouble if you do give out info without your employees consent.

Answer 9

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Answer 10

Most credit and loan applications include provisions that, by signing it, the applicant gives permission to the creditor to verify employment and credit history.