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What Information can an Employer Release for Employment Verification?Job performance.Reason for termination or separation.Knowledge, qualifications, and skills.Length of employment.Pay level and wage history (where legal)Disciplinary action.Professional conduct.Work-related information
NJ employers banned from asking applicants' salary history, under new law. Employers can no longer ask job applicants about their salary history, or their commission or benefits during the hiring process, under a law that went into effect on Jan. 1.
A salary history ban prohibits employers from asking applicants about their current or past salaries, benefits, or other compensation. This means employers can't ask about your current salary on job applications or other written materials or ask you about your salary in an interview.
An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.
In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.
As with other states with salary history bans in place, Bill A1094 prohibits New Jersey employers from using past wages, benefits, and other salary history-related information to vet potential job applicants.
Effective Jan. 1, 2020, it is now an unlawful employment practice in New Jersey to screen job applicants based on the applicant's salary history, including, but not limited to, prior wages, salaries or benefits.
A dismissal letter is not required in New Jersey; however, employers can protect their interests by providing the employee with such a letter upon termination.
Many people think of them as an afterthought or are convinced that it's illegal for their previous company to say anything about employees other than to confirm their dates of service and job title. In fact, companies and individuals can say anything they want to in a reference check, as long as it's true.
Documents that could be used to prove employment or plans for employment include, but are not limited to: paycheck stubs, earnings and leave statements, W-2 forms, letters offering employment, or statements or affidavits (with the employer's name and contact information) verifying an employment offer.