Employer response to request for information about current or former employee, contents, requirements, civil immunity, when
When a new employer asks about someone who used to work somewhere, the old employer can write back and share what kind of work that person did, how long they worked there, and why they left or were fired. The old employer must send a copy of that letter to the employee at their last known address. The old employer cannot be sued for what they say in that letter — unless they lied on purpose or didn't care whether it was true or false.
290.152. Employer response to request for about current or former employee, contents, requirements, civil , when. — 1. As used in this section, the following terms shall mean:
(1) "Employer", any individual, organization, , , or other which has or had in the 's employ one or more individuals performing s for the entity within this state;
(2) "", any employer, as defined in this , to which an individual has made for , either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.
2. An employer may:
(1) Respond in writing to a written request concerning a current or former employee from an entity or person which the employer reasonably believes to be a prospective employer of such employee; and
(2) Disclose the nature and character of service rendered by such employee to such employer and the duration thereof; and
(3) Truly state for what cause, if any, such employee was or such service. The of this section shall apply regardless of whether the employee becomes employed by the prospective employer prior to receipt of the former employer's written response. The information provided this section shall be consistent with the content of any service letter provided pursuant to section 290.140 for the same employee.
3. The employer shall send a copy of any letter provided pursuant to subsection 2 of this section to the current employee or former employee at the employee's last known address. The current or former employee may request from the employer a copy of the letter provided pursuant to subsection 2 of this section for up to one year following the date of such letter.
4. For purposes of this section, an employer shall be from for any response made pursuant to this section or for any consequences of such response, unless such response was false and made with knowledge that it was false or with for whether such response was true or false.
5. Any employer who violates the provisions of subsection 2 of this section shall be for but not .
6. Any letter issued pursuant to this section shall not be admitted as evidence in an .
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Source & history notes
(L. 1999 S.B. 32)
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