HB 1071 -- Employer References
This bill establishes a rebuttable presumption that an employer
is acting in good faith when responding to a request for
information regarding a former employee's job performance and
professional conduct. This presumption may be rebutted by clear
and convincing evidence that the employer disclosed the
information with actual malice or with the intent to mislead.
An employer acts with actual malice when the employer knows the
disclosed information is false, or the employer demonstrates a
reckless disregard of whether the information was true or
false. An employer may disclose, without liability, the
employee's job description and duties, pay level, wage history,
and dates of employment.
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Last Updated October 30, 1996 at 10:39 am