Do you have to disclose all previous employment?
Asked by: Juston Schneider | Last update: January 21, 2026Score: 4.2/5 (30 votes)
A business can require someone to report information about past employment as part of the application process. However, there are regulations involved. Hiring managers must notify applicants of their intent to use background checks, such as employment verification.
Do I have to disclose all previous employers?
Allowing potential employers to contact your former employers is a critical step in the hiring process, however not always mandatory. This practice aims to establish credibility, confirming that your professional background is what you claim.
Can I omit my employment history?
If you're completing a job application form and are asked to list every position, you should do so. Security clearance processes involve extensive background checks. Omitting jobs can lead to discrepancies that may raise red flags during these checks.
Do you legally have to disclose a second job?
There is no law against your employer asking for written proof of your second job. Therefore, your employer can do it. If you don't provide it, your employer can fire you for it, and there would be nothing anyone can do to help you.
What is your previous employer allowed to say about you?
The employer is not required under law to provide a reference for employees. They do not have to say anything. The employer can provide information about your job performance. The employer can provide information about your qualifications for a job.
What Does an Employment Background Check Include?
Are previous employers allowed to say you were fired?
Under California Code, Labor Code – LAB § 1053, “upon special request,” former employers can make truthful statements regarding the former worker's separation of employment. They can also state whether the worker is eligible for rehire.
How does HR verify past employment?
Some hiring managers do it themselves, reaching out directly (typically via phone) to your current or previous employers to request official verification. Alternatively, employers may use professional background screening firms and/or an employment verification service such as The Work Number® from Equifax.
Is it illegal to not tell your employer you have another job?
In most cases, you don't have any obligation to tell anyone at your current job that you're taking a second job opportunity.
What is a moonlighting clause?
Interference with primary job. The main purpose of most moonlighting policies is to set out your expectation that employees will treat their work at your business as their primary job and will not allow other jobs to interfere with the performance of the primary job.
Can I work for a competitor if I signed a non-compete?
Typically, a noncompete agreement prohibits you from working for a competitor until a set period has passed, but it may additionally ban you from completing the following actions: Starting your own company in the same industry. Contacting former customers.
Can I leave a job off my employment history?
In the case of short-term jobs, the role might not add any experience or skills to the new job. In this case, it's safe to leave it off your resume. This might include any side jobs or gigs you did temporarily unless the skills of the temporary job are relevant to the new position.
What if I lied about my employment history?
Lying on your resume may result in consequences such as termination or legal ramifications. Employers can tell you're lying on a resume by conducting background checks and contacting your references.
Should you include all employment history on background check?
Some companies ask for information on an applicant's last three jobs. Others ask for all jobs worked over a period of years instead. Use this information to verify past employers. You may also use gaps to reason why an applicant might avoid reporting a job.
Can future employers see if I was fired?
Most companies will at least note the fact that you were terminated, even if they're light on specifics. Oftentimes, when a new employer checks your references, all they can check is your dates of employment and whether of not you're “eligible for rehire”.
How far back do employers check work history?
Four Different States, Four Different Rules: Thyberg Law states that the state of California limits employer background checks to the past seven years.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
Do I have to let my employer know I have a second job?
Unless you have signed a valid employment contract that prohibits you from taking a second job, you do not have to tell your employer about it, provided that the policy doesn't require disclosure and/or approval. However, it is always best, to be honest with an employer.
What is the Labor Code 96k?
Labor Code section 96(k)
Provides the Labor Commissioner with authority to be assigned claims for loss of wages that arise from retaliation for lawful conduct occurring during nonworking hours and away from the employer's premises.
Can my employer find out if I am moonlighting?
To determine if an employee works two jobs, you can look for signs such as decreased productivity, frequent absences, or suspicious behavior. Additionally, implementing monitoring software and conducting discreet inquiries can help uncover whether an employee is moonlighting.
Can my previous employer tell other employers not to hire me?
- While an employer might not directly tell others not to hire you, negative comments or a bad reference could potentially have a negative impact on your job search. It's important to note that the specifics can vary depending on local labor laws, company policies, and individual circumstances.
Can my boss tell other employees what I make?
Yes, employers are often allowed to disclose your salary information to others.
Is it illegal to be fired for looking for another job?
Say you've started looking for a new job. Is it legal for your employer to fire you for doing so? Here's the problem, most states, including California, have at-will employment terms. Your employer can end your position at any time without a reason.
Does quitting a job show up on a background check?
Yes, the employment verification portion of a background check will show the reason you left a previous job if that information is provided by your previous employer. This could include termination, layoff, resignation, etc.
Does HR actually call previous employers?
The hiring employer might ask your references for more detail regarding your character and work performance. Most times, they will speak with the human resources department or your previous supervisor.
Can an employer refuse to verify employment of a former employee?
Employers aren't obligated to respond to calls to verify an individual's employment for a third party unless the requests are made by federal entities.