Employee disclosure involves providing information that affects an individual’s status as an employee. The level of disclosure required varies by industry and jurisdiction, with some prohibiting certain types of information. Failure to disclose or providing false information can result in termination or legal trouble. The purpose of disclosure is to protect employers and customers from harm.
Employee disclosures are simply statements of information that affect an individual’s status as a prospective or current employee. Often, employee disclosure processes will include providing the employee with a list of various criminal acts and asking the employee to confirm or deny that he or she has ever been convicted of any of these crimes. Failure to show up during the disclosure process is usually considered grounds for denying a prospective employee’s application or for dismissing a current employee.
The degree of employee disclosure that must occur varies from setting to setting. In some cases, jurisdictional regulations set the standard for the type of information an employee agrees to disclose to their employer. At the same time, regulations create limits on the type of information an employer can request from a prospective or current employee. For example, many jurisdictions prohibit an employer from asking a prospective employee to disclose his or her sexual orientation or religious preference.
For the most part, an employee’s disclosure involves the provision of data that has a direct impact on the employee’s ability to properly perform their assigned duties. This includes providing information on experience, formal training and general educational credentials. If the employee chooses to embellish any of these items or intentionally includes false information, the employer may determine that information fraud has occurred and fire the employee. At the same time, the intentional omission of relevant information can also be considered fraud and be grounds for dismissal.
Many industries set standards for employee disclosure. An example is found in the brokerage industry. The National Association of Securities Dealers has put in place what is commonly referred to as NASD disclosure standards. If a broker is found to have not been truthful about their background or educational credentials, the current employer may fire the individual. There is also the possibility that this failure to fully disclose will result in the broker being barred from participating in various markets, effectively making it impossible to continue working in the profession.
In recent years, employee disclosure forms have moved from a general format to a very specific one in terms of the type of information required. In the United States, many state government agencies and private employers can proactively request information related to specific types of criminal activity. This is especially true in situations where the employee would be working with children or a past criminal record for assault, theft, or other felony would directly impact the individual’s ability to perform their duties or potentially put others in danger.
While some types of jobs require very little in the way of employee disclosure, others are highly detailed. The concept behind disclosure laws and regulations is to ensure that the safety of the employer is protected and that current employees and customers are protected from harm by hiring someone with questionable credentials or criminal record. Any employee who fails to meet the required level of disclosure for the job faces possible termination or even legal trouble due to failure to fully disclose.
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