Q. An employer asked us for a job verification on an employee we fired. The request includes a written consent form from the worker allowing the query. Can I release any and all information regarding the former employee’s history with us?
A. Yes, as long as the disclosure is truthful and not prohibited by any contract, common law or statutory right of the employee.
An employer is presumed to be acting in good faith and immune from civil liability when disclosing information about a current or former employee’s job performance to an employer upon request of the current or former employee.
Employers lose that immunity if it is shown by clear and convincing evidence that the employer disclosed information that the employer knew or should have known was false, materially misleading, rendered with reckless disregard for the truth or which the employer is prohibited from disclosing by contract or law.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/31218/what-are-the-rules-on-giving-truthful-references-about-former-employees "
- 'Gift of time' benefits: Nice perk, but consider safety, too
- What are the pros and cons of offer letters?
- Enough is enough: How many interviews are too many?
- What are the New York state laws affecting background investigations of applicants?
- Feel free to place reasonable background check conditions on job offers