Electronic Signatures ??

tfevergrn

We have just started to receive employment verification requests, that don't have actual signatures of the former employee authorizing us to do the verification. The employer requesting the verification seems to have an online process for applicants where they can provide their authorization via electronic signature (typed name). These forms are then faxed to us for employment verification.

My questions is....is it okay to accept the electronic signature generated by another employer? Do I still need to receive the former employees actual signature? Is there any potential liability in accepting or not accepting the electronic signature?

Any help here, would be greatly appreciated.

Thank you....Tina Marie

TN HR

I'd have a very difficult time accepting this unless it came by way of a third party who could verify the authenticity of such "electronically signed release".

I would not do it. If the requesting entity is sincere enough and the former EE wants the new job bad enough, you'll get an actual release with a signature.

Good luck.

Gene

LarryC

If they're faxing these things to you, there is no reason NOT to have an actual signature. I wouldn't accept them without the actual signature.

tfevergrn

Thank you for your help!

That is what I thought....just wasn't sure where the world stands these days on electronic signatures!

Tina Marie

TN HR

Hang on there Tina Marie, there are two separate issues here. Let's separate the two. The courts have ruled that an electronic signature carries the same force and validity as a regular handwritten one.

The real issue in the scenario you describe is the question as to the validity/authenticity when you receive a document from a third party with an electronic signature.

For example, I would feel comfortable with a web applicant affixing his/her equivalent of an electronic signature to an on-line application over a secure server connection from our website.

I would think that in your case, if the applicant is at the reference/employment verification stage, they've been seen face to face and there is no reason why they cannot get a handwritten signature on a document they intend to send to an outside party.

Gene

tfevergrn

Oh wow, thanks Gene...so it is just a "third party" issue, got it and thank you! As you can probably tell, we are not yet very automated here and it drives me nuts...

Tina Marie

pork1

Tina Marie: I support Gene's thoughts and professional actions on this subject. I have been taught by our counsel that things having to do with the verification of employment are not so difficult or confidental. We verify employment with the facts of who, what, and when. These are hard cold facts and it makes no judgement of the person's abilities or performance issues that might have risen out of their employment with your company.

If, however, the inquiry is a request for verification of performance issues or reasons for termination or potential for re-hire, these being considered as judgemental by someone in your company I would not respond to either even with a signature. My response to the inquiring company is "you need to ask the concerned potential employee about that issue". As long as, we HRs stick to the facts and nothing but the facts there should be no concern or fear of liability issue for your responses.

It works for me, but you must make up your own mind as to how you will respond. This morning as I am writing this response to your post, I have verified (2) inquiries for a verification for employment by telephone. I verified both one with a yes, "he does work for this company". The 2nd one was on a female and I know she left our employment about two weeks ago and my response was "No, she is no longer employed". Both parties said thank you and the inquiry was over. No signatures required because I gave the facts and nothing but the facts. No opinion or judgement on my part was rendered to the conversation.

Good luck with your position and responses.

PORK

tfevergrn

Thank you for all the responses, your input is very much valued! Tina Marie