What can I do if I’ve recently been offered a new job but my current employer will not cooperate with the screening process?

UPDATED: Sep 29, 2022

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What can I do if I’ve recently been offered a new job but my current employer will not cooperate with the screening process?

I went through the background and drug check process and provided my current employers information for the new company to call. My current boss is very upset that I am leaving and he and his wife solely own the company. When the background investigator contacted them, my boss’ wife refused to verify my employment or wages and would only tell them my job title. She also stated that getting my W2’s is not her priority. My boss says they are too busy to deal with my new job and that he has the control to make me not get it. I got an email from the background check company stating they have made many attempts to contact my current employer with no response. What can I do?

Asked on October 15, 2015 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can't do anything, unfortunately an employer is NOT required to cooperate with a new prospective employer and is not required to verify employment, provide recommendations, confirm salary, etc. And they only need to provide W2s when the law requires e.g. the end of the year, not when you ask for one. The old employer can't lie about defame you, but that's about the limit of it they have no legal obligation to do anything to help you.

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