HS HCS HB 441 -- DISCLOSURE OF EMPLOYMENT INFORMATION (Riback
Wilson)

This substitute protects an employer that employs one or more
individuals from civil liability for issuing a truthful
reference letter in response to an entity or person which the
employer reasonably believes to be a prospective employer of a
current or former employee.  The letter may include the nature
and character of the employee's service, the duration of
employment, and the reasons the employee was discharged or
voluntarily quit.  The immunity from civil liability does not
apply if the response was false and made with knowledge that it
was false or with reckless disregard for whether the response
was true or false.  The employer is required to send the
employee a copy of the reference letter at the employee's last
known address.  The substitute also prohibits the reference
letters issued under this legislation from being allowed as
evidence in an unemployment compensation claim.

FISCAL NOTE:  No impact on state funds.

HCS HB 441 -- EMPLOYEE INFORMATION

SPONSOR:  May, 108 (Riback Wilson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 18 to 0.

This substitute protects an employer that employs one or more
individuals from civil liability for issuing a truthful
reference letter in response to a prospective employer's written
request concerning a current or former employee.  The letter may
include the nature and character of the employee's service, the
duration of employment, and the reasons the employee was
discharged or voluntarily quit.  The immunity from civil
liability does not apply if the response was false and made with
knowledge that it was false or with reckless disregard for
whether the response was true or false.  The employer is
required to send the employee a copy of the reference letter at
the employee's last known address.  The substitute also
prohibits the reference letters issued under this legislation
from being allowed as evidence in an unemployment compensation
claim.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that it is necessary to give
employers additional protection from civil damages for issuing
reference letters concerning an employee.  Currently, many
employers refuse to issue the letters because they are concerned
about employees filing an action for civil damages.  Employers
also recognize the need to be able to obtain accurate
information about a prospective employee before hiring the
person.  The bill also protects the interests of employees by
waiving an employer's immunity if the employer knowingly
provides false information.

Testifying for the bill were Representative Riback Wilson;
Missouri Association of Trial Attorneys; Missouri Merchants and
Manufacturers Association; Missouri Alliance for Home Care;
Associated Industries of Missouri; Missouri Association of Homes
for the Aging; Missouri Assisted Living Association; National
Federation of Independent Businesses; Missouri Grocers
Association; and Missouri Retailers Association

OPPONENTS:  There was no opposition voiced to the committee.

Katharine Hickel Barondeau, Legislative Analyst

HB 441 -- Employee Information

Co-Sponsors:  Riback Wilson, Mays (50), Campbell, Van Zandt,
Lakin, McClelland

This bill makes several changes to the law concerning employee
information.  In its major provisions, the bill:

(1)  Specifies the information that a corporation employing 7 or
more employees must include in a service letter issued to a
former employee.  The letter must include the date and duration
of employment, the most recent pay level, the most recent job
description and duties, wage history for the last 2 years or
length of employment, whichever period is shorter, and the
reasons for the employee's separation;

(2)  Protects an employer that employs one or more individuals
from civil liability if the employer chooses to issue a
reference letter in response to a prospective employer's written
request concerning a current or former employee and discloses
the same information that must be included in a service letter.
The immunity from civil liability does not apply if the response
was false and made with knowledge that it was false or with
reckless disregard for whether the response was true or false at
a time when the employer had serious doubt whether it was true.
The employer is required to send the employee at the employee's
last known address a copy of the reference letter; and

(3)  Prohibits the reference and service letters issued under
this legislation to be allowed as evidence in an unemployment
compensation claim.