SB 0872 | Employer Immunity For Information Disclosed About Employees |
Sponsor: | BENTLEY | ||
LR Number: | S3291.01I | Fiscal Note: | 3291.01 |
Committee: | Labor and Industrial Relations | ||
Last Action: | 02/29/96 - Hearing Conducted S Labor & Industrial Relations Committee | ||
Title: | |||
Effective Date: | August 28, 1996 | ||
SB 872 - This act provides an employer with immunity when providing information in good faith regarding an employee to a prospective employer, upon request.
A presumption of good faith exists when the employer, upon request, provides information about the employee's job performance, professional conduct or evaluations.
Good faith can be rebutted by clear and convincing evidence that the employer disclosed the information with actual malice or with the intent to mislead.
Actual malice means knowledge that the information was false or reckless disregard of whether it was false.
The following information may be disclosed by the employer
without liability:
1. Date of employment;
2. Pay level;
3. Job description and duties; and
4. Wage history.
MARGARET TOALSON