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Previous Employers denying experience letters

Discussion in 'General HR issues' started by uma.singa, Nov 10, 2010.

  1. uma.singa

    uma.singa Junior Member

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    One of my friends is gearing up for GC processing. As part of the documents, he needs to submit experience letters from his previous employers. But couple of his previous employers (US employers) are denying to give experience letters. He has all the paystubs and tax forms to prove his employment with these firms. Can employers deny giving experience letters to its employees?. Is there any legal provision to get the employer to give the valid employment letters?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Previous Employers denying experience letters

    He cannot compel those employers to give him experience letters. He can, however, prove up his experience through secondary evidence when the primary evidence is unavailable. In this case, he should get letters from coworkers, vendors, or others who had first hand knowledge of what he did. Those, in combination with this payroll and tax records should be sufficient.
     
  3. uma.singa

    uma.singa Junior Member

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    Re: Previous Employers denying experience letters

    Thanks for the response. For getting letters from co-workers

    1.) Can he get letters from co-workers who also have moved on to other firms?
    2.) Will he need to get the letters on the company letter head or a plain paper letter would do?

    Can you please throw some light on these issues?

    Thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Previous Employers denying experience letters

    They can still be with the employer or they can be folks who have moved on. It doesn't matter if the letters are on letterhead or plain paper as long the letter writer's contact information is included.
     
  5. dotlead

    dotlead Junior Member

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    Re: Previous Employers denying experience letters

    Hello,

    I have given proper 2 week notice to my previous employer and softcopy of my resignation which requested by him. now He is not giving any experience/service letter which tells I have been resigned to him. Can I take any legal action against his company? I worked with him 3 years.

    Please suggest me what Can I do?

    Any suggestion would be appreciated.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Previous Employers denying experience letters

    You can prove your experience through a combination of letters from co-workers, verifying your job duties, and your W-2s and paystubs.
     
  7. hdblue

    hdblue Junior Member

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    Re: Previous Employers denying experience letters

    Dear friends

    I like Previous employers denying experience letters very much.

    This thread's wonderful.

    If you have some time, pls visit my blog at: Experience letter

    Rgs
     
  8. dotlead

    dotlead Junior Member

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    Re: Previous Employers denying experience letters

    Hi,
    I left a company with proper notice period of 2 weeks & left in good note.I am looking for employment verifications from Ex-employer.When I reached out to them many times,they said they are denying to give any an experience letter. I am merely looking for verification or some letter that states my start/end date/ designation and job designation.
    I need any an employment verification as I have worked with that company 3 year and some companies do backgroup checking and they ask for the verification letter.
    What are my rights? and options? Can I serve them notice?

    I am planning to complain in labor department about his company.Please assist me.

    Appreciate any suggestions/help.
     
  9. dotlead

    dotlead Junior Member

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    Re: Previous Employers denying experience letters

    Thanks for the response. I don't know any co-workers as they are consultant company and they are in another state. can I take any legal action against company? can employer deny to give an employment verification letter?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Previous Employers denying experience letters

    Well, anything is possible, but that is a very expensive way to try to solve the problem. Do you mean to say that if your life depended on it, there is no way that you could find persuasive secondary evidence to establish that you worked there and what you did?
     
  11. dotlead

    dotlead Junior Member

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    Re: Previous Employers denying experience letters

    Thanks for the response. But I don't have any document which state that I worked with them 3 year in USA. ExEmployer did not give reliving letter too and I have joined my new employer. How can I proof that I worked with him till 01/02/2011. Some companies do background check and they neeed reliving letter. that's why I am looking some letter which state my experience with start/end date and designation. Please suggest me what can I do?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Previous Employers denying experience letters

    For a start, you should have W-2s and pay stubs. That will prove that you worked there. You might also have emails to and from your employer. That is also good secondary evidence.
     
  13. dotlead

    dotlead Junior Member

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    Re: Previous Employers denying experience letters

    Thank you very much for the quick response.
     
  14. cristacherish873

    cristacherish873 Junior Member

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    Re: Previous Employers denying experience letters

    These kind of Employers are the ones whom should be left by the workers. Ron was absolutely right, your friend should ask his ex coworkers to write letters for him, they can even attach evidences such as photos to it.
     
  15. Chetpal

    Chetpal Junior Member

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    Sir,

    I have a similar situation. I worked for my ex-employer for 1 yr and My I-140 got cleared from this employer.r.Now i got a full time offer from the client directly.
    My ex-employer now refuses to give me my experience letter for the purpose of filing GC with this new company. I worked for the same client while I was with my ex-employer.
    I do not know any colleagues or supervisor from this old company as i was consultant and working in different state.I knew just the boss and one HR female.
    Although i have paystubs, W-2 and employer verification letter issued by this employer previously for the purpose of driving license.However it does not mention start date and skill sets.

    Now my question is that can i ask this client ( who i have joined full time before working as a consultant through my ex-employer), who will also be filing for my gc to provide an affidavit stating my start date, end date and skills while i worked for them as a consultant through this ex-employer company ???

    Thanking you in anticipation !
     
  16. Chetpal

    Chetpal Junior Member

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    I can get letters from middle vendors also to prove my employment with this employer.Is that sufficient or do i need to provide any other doc. also ??
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't know what to suggest other that what I wrote earlier. You don't have ANYTHING that documents the duties/skills required or the time spent with the consulting company?
     
  18. MhaeO

    MhaeO Junior Member

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    Unpredictable supervisor with sudden changes in mood are those type of person who are difficult to work with. It takes preparing for a clear communication and has a good relation to work with. You can get a payday loan to pay the bills while waiting on your check.
     

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