Question 1

Does an employer need consent to share employee information?

Accepted Answer

Yes. Under PIPEDA and provincial privacy legislation (e.g. Alberta PIPA, BC PIPA), employers generally need the employee’s consent before disclosing personal information such as salary, employment dates, and job title to third parties.

Question 2

Can an employer be liable for an inaccurate verification letter?

Accepted Answer

Yes. Canadian courts have found that employers owe a duty of care when providing employment references and verifications. An inaccurate or misleading letter could result in liability for negligent misrepresentation. All statements must be true, accurate, and given in good faith.

Question 3

Is an employer required to provide a verification letter?

Accepted Answer

There is generally no statutory obligation for Canadian employers to provide verification letters. However, employers have a common-law duty to act in good faith during and after the employment relationship. Refusing a simple verification request may be considered a breach of this duty.

Question 4

What information should a verification letter include?

Accepted Answer

A standard verification letter confirms the employee’s name, job title, employment status, and dates of employment. Salary and benefits information should only be included with the employee’s express consent under PIPEDA.

Frequently Asked Questions