Oklahoma Employee Privacy Memo
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How to fill out Employee Privacy Memo?
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FAQ
What Does an Employer Ask When Calling a Previous Employer?Employment Dates. One of the most common reasons a prospective employer calls the candidate's former employer is to verify employment dates.Salary Verification.Rehire Eligibility.Performance.Purpose of References.26 Sept 2017
Under the law, an employer may disclose information about a current or former employee's job performance to a prospective employer when requested by the prospective employer (or the employee) as long as the employee has provided written consent (Okla. Stat. tit. 40, § 61).
In many cases, if you were fired or terminated from employment, the company can say so. They can also give a reason. For example, if someone was fired for stealing or falsifying a timesheet, the company can explain why the employee was terminated.
Generally, an employer can disclose private information only if the disclosure is required by law or if there is a legitimate business need. Take, for example, an employer who has information about the dangerous mental state of one if its employees.
If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.
This can include salaries, employee perks, client lists, trade secrets, sales numbers, customer information, news about pending terminations, reasons for a firing, phone codes or computer passwords. You may not divulge this information while you are working for an employer or after you leave.
Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.
So, what is employee data or HR data? Quite simply, it is an employee's application file, personal file, payroll information, leave/medical file, and all the information employers have about their employee whether it be to hire/fire, pay, provide benefits, enroll in 401k and similar programs, etc.
While there is no single universal legal definition of private employee data, it generally includes employee addresses, photos, social security numbers, dates of birth, protected class information and medical records.
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
