Release of Employee Information Policy

Policy number: CS-1315-2013
Policy title: Release of Employee Information
Policy owner: Chief Human Resources Officer
Effective date: December 2013

Last Revised: January 17, 2018

On this page:

  1. Purpose
  2. Application and Scope
  3. Definitions
  4. Principles
  5. Accountability and Compliance
  6. Files
  7. Responsibilities
  8. Policy Revision Date
  9. Specific Links

 

1. Purpose

The purpose of this policy is to identify the rules regarding managing employment related information requests from external parties. Examples of such requests include employment verification, employment references or legal counsel inquiries.
 

2. Application and Scope

This policy applies to all employees at the College.
 

3. Definitions

  • “Employee” is any individual who is currently working or has worked for the College. This does not include fee for service contractual arrangements.

  • “Express Consent” is permission that is given specifically, either verbally or in writing.

  • “External Party” is any organization outside of the College (potential employer, bank, lending institution, attorney, background verification company, etc.).
     

4. Principles

  • The College recognizes the need for clarity regarding external requests for employee information to ensure that there is a consistent process in place when such requests are received by the College.
  • The College will respond to requests by external parties while protecting the legitimate interests of the College and the current employees of the College.
  • In order to be fiscally responsible, the College will invoice external parties for any associated photocopying and courier costs associated with each request.
     

5. Accountability and Compliance

5.1 Accountability Framework

This policy has been approved by the Senior Leadership Team.

5.2 Compliance

The Chief Human Resources Officer is authorized to ensure that the information within this policy is applied and that all actions comply with the Freedom of Information and Protection of Privacy Act (FIPPA) as well as any additional applicable legislation. 
 

6. Files

Any requests for information from an external party must be accompanied by a signed release by the employee (available on MyMohawk on the Human Resources tab under policies and procedures). No information regarding an employee shall be released to an external party without the written consent of the employee, except where required by law. 

6.1 Employment Verification

For employment verification purposes (mortgage approvals, loans, background checks, etc.) the Human Resources Department will verify dates of employment, salary and last position held. Upon receipt of a written release and verification of the employee’s signature, the Human Resources Department will respond to the request within three business days.

6.2 Legal Counsel Inquiries

Employees who have retained legal counsel and require detailed information regarding their employment must forward a copy of the request along with their signed release to the Human Resources Department. Upon receipt of the written release and verification of the employee’s signature, the Human Resources Department will respond to the request within 21 business days.

6.3 Employment References

After receiving the express consent of the current or past employee, a manager is able to provide an employment reference for a current or past employee. When providing an employment reference, a manager should speak to the facts regarding the employee’s performance and refrain from providing personal opinions. A manager should only speak to the areas of the employee’s skills and experience about which they have direct knowledge. A manager is able to partner with their Human Resources Consultant with any questions or concerns they have regarding what information should be provided when completing an employment reference. When an external party requests a written employment reference, the manager should partner with their Human Resources Consultant prior to submitting the reference.
 

7. Responsibilities

7.1 Employee

When directing external parties to the College, an employee is required to provide a written release, outlining the nature of the request and to whom the information is to be released.

7.2 Human Resources Branch

Upon receipt of a request by an external party to provide employee related information, ensure that the signature on the accompanying release is verified. No information will be provided until a release with a verified signature has been received by the College, except where required by law.

7.3 Managers

After confirmation that a written release has been received and verification of the employee’s signature completed by the Human Resources Department, managers are able to provide references to external parties for current and past employees.
 

8. Policy Revision Date

8.1 Revision Date

January 2021

8.2 Responsibility

The Chief Human Resources Officer will be responsible for reviewing this policy every three years or earlier where required.
 

9. Specific Links

  • CS-1301-2013 Contents of and Access to Personnel Files Policy
  • Freedom of Information and Protection of Privacy Act
  • Employee Release Form
  • External Requests for a Copy of an Employee Personnel File Form