19 Del. Admin. Code § 1323-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1323-3.0 - Service Letter

3.1 Requirements

3.1.1 No employer who operates a health care facility or child care facility shall hire any person seeking employment (as defined in 2.1) without obtaining one or more service letter(s) for that person. The employer must obtain a service letter from the person's current or most recent previous employer. In addition, if the person seeking employment was employed in a health care and/or child care facility within the past five (5) years, the employer shall also obtain a service letter from such employer(s). If the person seeking employment has not been previously employed, or was self-employed, then the employer must require the person seeking employment to provide letters of reference from two adults who are familiar with the person, but are not relatives.

3.1.2 Any temporary agency responsible for providing temporary employees to a health care facility or a child care facility, when such employees qualify as "persons seeking employment" as defined in Section 2.1 of these regulations, is considered an employer and is responsible for complying with the requirements of this section.

3.2 Service Letter Form

3.2.1 The required service letter shall be a form provided by the Department of Labor, Office of Labor Law Enforcement. The service letter form shall be signed by the current or previous employer and shall be filled out by that employer. The service letter form is a checklist requiring information about the type of work performed by the employee; the duration of the employment; the nature of the employee's separation from employment; and information as to any reasonably substantiated incidents involving violence, threat of violence, abuse or neglect by the person seeking employment.

3.3 Duties

3.3.1 Duties of the hiring employer.

3.3.1.1 Service letter(s). The employer must obtain the required service letter(s) by sending a service letter form to all of the current or previous employers named by the person seeking employment. The employer must make a "good faith" attempt to locate the current or previous employers and to obtain the service letter from such employer(s). In order to prove that the service letter form has been sent, an employer may send the form by fax, Certified Mail or other means which provides proof of mailing, transmission, delivery or receipt.

3.3.1.2 Full release from person seeking employment. The employer must obtain a signed statement from the person seeking employment wherein that person authorizes a full release for the employer to obtain information from the current and/or previous employer(s).

3.3.1.3 Complete disclosure of information from person seeking employment. The employer must obtain a signed statement from the person seeking employment that the information he/she has given on the application represents a full and complete disclosure of information about his/her current and previous employment, and that all information contained in the employment application is true and complete to the best of the knowledge and belief of the person seeking employment.

3.3.1.4 Acknowledgment from person seeking employment. The employer must obtain a signed acknowledgment from the person seeking employment that he/she understands that failure to provide a full and complete disclosure is a violation of the law.

3.3.1.5 Exigent circumstances. When exigent circumstances exist, and an employer covered by this law must fill a position in order to maintain the required level of service, the employer may hire a person seeking employment on a conditional basis pending the receipt of the completed service letter(s) for that person. The continued employment of that person, however, is conditioned upon the receipt of the required service letter(s). In addition, the person hired on a conditional basis must be informed in writing and shall acknowledge, in writing, that his/her continued employment is conditional and is contingent upon the receipt of the required service letter(s).

3.3.2 Duties of the person seeking employment.

3.3.2.1 Provision of necessary information. The person seeking employment must provide all of the necessary information about his/her current or past employers so that the service letter(s) can be obtained. If the person seeking employment was employed by a temporary agency, he or she shall list on the employment application the temporary agency and all employers for which he or she did temporary work pursuant to such employment.

3.3.2.2 Full release. The person seeking employment must sign a statement wherein he/she authorizes a full release for the employer to obtain information from the current or previous employment.

3.3.2.3 Complete disclosure of information. The person seeking employment must provide complete and full disclosure of information and must sign a statement in which he/she attests that information given in his/her application represents a full and complete disclosure of information about his/her current or previous employer and is true and correct to the best of his/her knowledge and belief.

3.3.2.4 Acknowledgment. The person seeking employment must sign an acknowledgment that he/she understands that failure to provide a full and complete disclosure of employment information is a violation of the law.

3.3.2.5 Acknowledgment when hired on a conditional basis. When the person seeking employment is hired on a conditional basis, he/she must acknowledge in writing that his/her employment is conditional and contingent upon the receipt of the service letter(s).

3.3.3 Duties of the employer receiving the service letter form.

3.3.3.1 Completion of service letter form. The employer must complete the service letter form, providing complete and truthful information about the person named on the service letter form. The law, specifically 19 Del.C. § 708 (b) (10), provides that a person who discloses information about a current or former employee is immune from civil liability for such disclosure.

3.3.3.2 Return of the service letter form. The employer receiving the service letter form must complete it and return the service letter to the hiring employer within ten (10) business days from the date the request was received.

19 Del. Admin. Code § 1323-3.0