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JurisdictionBlacklistingJob Reference Immunity or PrivilegeDefamationInformation Disclosure Requirements
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FederalN/AN/AN/AN/A
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AlabamaBlacklisting prohibition. Code of Ala. § 13A-11-123.Traditional defenses to defamation available. Code of Ala. § 6-5-182; Gore v. Health-Tex, Inc., 567 So.2d 1307 (Ala. 1990).Code of Ala. § 6-5-182; Gore v. Health-Tex, Inc., 567 So.2d 1307 (Ala. 1990).No specific requirements for employers.
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AlaskaNone.Job reference immunity available unless employee shows by greater weight of evidence that employer: (i) recklessly, knowingly or maliciously disclosed false or deliberately misleading information; or (ii) disclosed information in violation of employee's civil rights. Alaska Stat. § 09.65.160.Boyko v. Anchorage Sch. Dist., 268 P.3d 1097 (Alaska 2012).Upon request of employee or prospective employer.
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ArizonaBlacklisting prohibition. A.R.S. Const. Art. XVIII, § 9; A.R.S. § 23-1361.Job reference immunity available for providing specific employment information unless employee shows that the employer disclosed information: (i) intending to deceive; (ii) that it knew was false; or (iii) with reckless disregard for the information's truth or falsity. A.R.S. § 23-1361(c).Turner v. Devlin, 174 Ariz. 201 (1993).An employer has a defense to defamation if it provides a truthful statement to employers requesting employee information, but must provide a copy to employee's last known address.
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ArkansasBlacklisting prohibition. A.C.A. § 11-3-202.Job reference immunity available for certain information if disclosed with employee consent unless employee shows by greater weight of the evidence that employer disclosed the information: (i) knowing it was false; or (ii) with reckless disregard for its truth. A.C.A. § 11-3-204.Faulkner v. Ark. Children's Hosp., 347 Ark. 941 (2002).An employer may disclose information to employers requesting employee job history information with employee's written consent.
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CaliforniaBlacklisting prohibition. Cal. Lab. Code § 1050. Prohibition limits use of photographs or fingerprinting if used to detriment of employee or applicant. Cal. Lab. Code § 1051.Job reference immunity available if information disclosed without malice. Cal. Civ. Code § 47(c).Neal v. Gatlin, 35 Cal. App. 3d 871 (CA App 5th Dist 1973).An employer may disclose information to a prospective employer requesting employee job performance, qualifications or rehire eligibility information if made without malice. Cal. Civ. Code § 47(c). An employer may also provide a truthful statement regarding the reason for employee's discharge. Cal. Lab. Code § 1053. Privileged publications include communications regarding complaints of sexual harassment, including whether an employer would not rehire an employee based on a determination that the employee engaged in sexual harassment.
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ColoradoBlacklisting prohibition. C.R.S. 8-2-114(2).Job reference immunity available unless information was false and the employer knew or should have known it was false. C.R.S. 8-2-114.Keohane v. Stewart, 882 P.2d 1293 (Colo. 1994); Price v. Conoco, Inc., 748 P.2d 349 (Colo. Ct. App. 1987).Employee is entitled to a copy of anything an employer provides under the job reference immunity statute.
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ConnecticutBlacklisting prohibition. Conn. Gen. Stat. § 31-51.No statutory immunity. With employee prior consent, qualified privilege exists under common law (court-made law). Miron v. Univ. of New Haven Police Dep't, 284 Conn. 35 (2007).Miron v. Univ. of New Haven Police Dep't, 284 Conn. 35 (2007).Employee or prospective employer may request that an employer provide a truthful statement regarding employee's performance or history.
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DelawareNone.Job reference immunity available for certain specific information unless employer: (i) knowingly disclosed false information; (ii) deliberately misled the prospective employer; (iii) acted maliciously; or (iv) disclosed information that violated a nondisclosure agreement or that was otherwise confidential. 19 Del. C. § 709. Required disclosure for health care and child care providers. 19 Del. C. § 708.Danias v. Fakis, 261 A.2d 529 (Del. Super. 1969).No requirements for most employers. For health care employers, a service letter must be provided in accordance with law. 19 Del. C. § 708.
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District of ColumbiaNone.Qualified privilege exists unless disclosure is malicious. See Wallace v. Skadden, Arps, Slate, Meagher & Flom, 715 A.2d 873 (App. D.C. 1998).Blodgett v. Univ. Club, 930 A.2d 210 (D.C. 2007).No specific requirements for employers.
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FloridaBlacklisting prohibition. Fla. Stat. § 448.045.Job reference immunity available unless employee shows statement to be knowingly false or in violation of a civil right. Fla. Stat. § 768.095.Valencia v. Citibank Int'l,728 So. 2d 330 (Fla. 3d DCA 1999).Upon request of employee or prospective employer.
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GeorgiaNone.Job reference immunity available unless: (i) employee proves lack of good faith; (ii) the information was disclosed in violation of a nondisclosure agreement; or (iii) the information was confidential under applicable law. O.C.G.A. § 34-1-4.O.C.G.A. § 51-5-1; O.C.G.A. § 51-5-4; Saye v. Deloitte & Touche, LLP, 295 Ga. App. 128 (2008).Upon request of employee or prospective employer.
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HawaiiBlacklisting prohibition. HRS § 377-6 (11).Job reference immunity available unless the information disclosed was knowingly false or misleading. HRS § 663-1.95.Vlasaty v. Pacific Club, 4 Haw. App. 556 (1983).No specific requirements for employers.
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IdahoBlacklisting prohibition. Idaho Code Ann. § 44-201(1).Job reference immunity available unless information was disclosed with actual malice or with deliberate intent to mislead. Idaho Code Ann. § 44-201(2).Title 6, Chapter 7 of Idaho Code.Upon request of employee or prospective employer.
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IllinoisBlacklist Trade Law covers only financial institutions, governmental agencies and shipping companies. 775 ILCS 15/2.Job reference immunity available when providing information that is truthful, or the employer in good faith believes to be truthful, unless the information was: (i) knowingly false; or (ii) in violation of employee's or former's employee civil right. 745 ILCS 46/10.Gibson v. Phillip Morris, Inc., 292 Ill.App.3d 267 (1997); Kuwik v. Starmark Star Mktg. & Administration, Inc., 156 Ill.2d 16 (1993).Upon request of prospective employer.
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IndianaBlacklisting prohibition. Burns Ind. Code Ann. § 22-5-3-1 (a).Job reference immunity available unless employee can prove that employer knew the information was false. Burns Ind. Code Ann. § 22-5-3-1 (b).Schrader v. Eli Lilly & Co., 639 N.E.2d 258 (Ind. 1994); Lovings v. Thomas, 805 N.E.2d 442 (Ind. Ct. App. 2004).Upon written request of former employee, any employer that requires written recommendations or applications must provide a signed letter detailing information on "whether the employee quit or was involuntarily discharged." 2014 Bill Text IN H.B. 1005 §§ 114, 115.
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IowaBlacklisting prohibition. Iowa Code § 730.2.Job reference immunity unless the employer or its representative acts unreasonably, e.g., (i) violating employee's civil right; (ii) providing information to a person who has no legitimate and common interest in receiving it; or (iii) providing information with malice. Iowa Code § 91B.2.Belcher v. Little, 315 N.W.2d 734 (Iowa 1982); Wright v. Keokuk County Health Ctr., 399 F. Supp. 2d 938 (S.D. Iowa 2005).At request of employee or a prospective employer of a current/former employee, or if authorized by employee.
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KansasBlacklisting prohibition. Kan. Stat. Ann. § 44-117.Job reference immunity is absolute (cannot be overcome by evidence) if former employer discloses to prospective employer the following information: (i) date of employment; (ii) pay level; (iii) job description and duties; and (iv) wage history. Kan. Stat. Ann. § 44-119a. Job reference immunity to discuss other employment history information unless employee can show employer acted with actual malice. Hobson v. Coastal Corp., 962 F. Supp. 1407 (D.Kan. 1997).Batt v. Globe Engineering Co., 13 Kan. App. 2d 500 (1989); Arnold v. Air Midwest, Inc., 877 F. Supp. 1452; Luttrell v. United Tel. System, Inc., 236 Kan. 710 (1985).If responding to a prospective employer's reference request, an employer disclosing certain information must also provide a copy of any written disclosures upon request of former employee. In addition, upon request of former employee, an employer must provide a service letter stating: (i) tenure of employment; (ii) occupational classification; and (iii) wage rate paid. Kan. Stat. Ann. § 44-808(3).
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KentuckyNone.Qualified immunity in the context of an employment relationship. Landrum v. Braun, 978 S.W.2d 756 (Ky. App. 1998).Columbia Sussex Corp. v. Hay, 627 S.W.2d 270 (Ky. 1981).No specific requirements for employers.
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LouisianaBlacklisting prohibition. La. R.S. § 23:963.Job reference immunity available unless employer acted in bad faith, i.e., disclosed information that was knowingly false and deliberately misleading. La. R.S. § 23:291.Livingston v. Gaviolo, 2006 U.S. Dist. LEXIS 948 (W.D. La. Jan. 5, 2006); Bellard v. Gautreaux, 675 F.3d 454 (5th Cir. La. 2012)At current or former employee's or prospective employer's request.
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MaineEmployers may neither blacklist employees nor threaten or intimidate another in order to prevent employee from new or continued employment. 17 M.R.S. § 401.Job reference immunity available unless employee can show with reasonable certainty that employer knowingly and maliciously disclosed false or misleading information. 26 M.R.S. § 598.1 Maine Jury Instruction Manual § 7-53; Ballard v. Wagner, 2005 ME 86 (2005).Upon employee's written request, must provide employee written statement including the reasons for termination. 26 M.R.S. § 630.
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MarylandNone.Job reference immunity available if information disclosed in good faith to certain individuals or authorities. Bad faith means (i) acting with actual malice or (ii) intentionally or recklessly disclosing false information. Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 5-423(a).Indep. Newspapers, Inc. v. Brodie,407 Md. 415 (2009); McDermott v. Hughley, 317 Md. 12 (1989).Upon request of (i) prospective employer; (ii) current or former employee; or (ii) federal, state or industry regulatory authority.
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MassachusettsALM GL ch. 149, § 19.An employer may assert the following defenses: (i) truth of statement, unless provided with actual malice; or (ii) common law (court-made law) conditional privilege that allows an employer to disclose information if reasonably necessary to serve the employer's legitimate interests. Fuentes v. Hampden County Sheriff's Dep't, 429 F. Supp. 2d 253 (D. Mass. 2006); ALM GL ch. 231 § 91. Job reference immunity available for facility, home health agency or hospice program unless employer knowingly disclosed false information. ALM GL ch. 111, § 72L1/2.Ravnikar v. Bogojavlensky, 438 Mass. 627 (2003); Draghetti v. Chmielewski, 416 Mass. 808 (1994).No specific requirements for employers.
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MichiganNone.Job reference immunity available unless employee shows by greater weight of evidence that the employer: (i) knew the information was false or misleading; (ii) disclosed the information with reckless disregard for the truth; or (iii) disclosed information in violation of a federal or state statute. MCLS § 423.452.Rouch v. Enquirer & News,440 Mich. 238 (1992); Murdock v. Higgins, 454 Mich. 46 (1997).Upon request of individual or his or her prospective employer.
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MinnesotaBlacklisting prohibition. Minn. Stat. § 179.12(6). An employer may not use coercive actions to interfere with employment or union relationships. Minn. Stat. § 179.60.Job reference immunity available if providing certain employment information unless employee shows with reasonable certainty that (i) the information was false; and (ii) the employer knew or should have known the information was false and acted with malice. Minn. Stat. § 181.967.Lewis v. Equitable Life Assurance Soc., 389 N.W.2d 876 (Minn. 1986).Disclosures of listed employment reference information must be submitted in writing with a copy sent contemporaneously by regular mail to employee's last known address. Minn. Stat. § 181.967. Former employers of psychotherapists must disclose information relating to sexual exploitation. Minn. Stat. § 604.202. Schools must release information on former employees who had violent or sexual contact with student. Minn. Stat. § 13.43, subd. 16. A terminated employee, within 15 days of termination, may submit a written request for the reason for termination, to which an employer must provide a truthful response within 10 days of receipt.
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MississippiBlacklisting prohibition for telegraphers. Miss. Code Ann. § 77-9-725.No statutory protections. Common law (court-made) qualified privileges exist, including for communications between employers and employees, e.g., performance reviews, unless employee shows employer disclosed information in bad faith or with malice.Blake v. Gannett Co., 529 So. 2d 595 (Miss. 1988); Miss. Code Ann. § 95-1-1.Information must be disclosed only to those persons who have a legitimate and direct interest in the subject matter (e.g., prospective employers).
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MissouriNone.Job reference immunity available unless information disclosed was false or made with a reckless disregard for the truth. Mo. Rev. Stat. 290.152Mo. Const. Art. I, § 8; Stelzer v. Carmelite Sisters of Divine Heart of Jesus, 619 S.W.2d 766 (Mo. App. E.D. 1981).Certain corporations must provide a service letter upon request of employee. Mo. Rev. Stat. 290.140 Job reference immunity available if employer submits written response upon prospective employer's request if information is consistent with service letter content.
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MontanaBlacklisting prohibition. Mont. Code Anno. § 39-2-803.An employer may provide an oral or written truthful statement of the reason for employee's discharge to employee's prospective employer. Mont. Code Anno. § 39-2-802.Sacco v. High Country Indep. Press, 271 Mont. 209 (1995).Employee may request his or her employer to provide a service letter, including the reason for termination. Mont. Code Anno. § 39-2-801.
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NebraskaNone.Job reference immunity available if providing specific information upon receipt of employee's written consent unless employee, by the greater weight of the evidence, shows that: (i) the information was false; and (ii) the employer knew it was false or acted maliciously or with reckless disregard for the truth. R.R.S. Neb. § 48-201.R.R.S. Neb. § 20-209; Sand Livestock Sys. V. Svoboda, 17 Neb. App. 28 (2008).Information under job reference immunity statute must be disclosed upon employee's written consent. Provisions regarding service letter requirements for public service corporations and state contractors have been repealed. 2019 Bill Text NE L.B. 1016, repealing R.R.S. Neb. § 48-209, R.R.S. Neb. § 48-210 and R.R.S. Neb. § 48-211.
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NevadaBlacklisting prohibition. Nev. Rev. Stat. Ann. § 613.210(2). Prevention of former employee's employment unlawful. Nev. Rev. Stat. Ann. § 613.200.Job reference immunity available under certain conditions (e.g., acted in good faith; disclosed accurate information). Nev. Rev. Stat. Ann. § 41.755.Pope v. Motel 6,121 Nev. 307 (2005).Employer must provide service letter to employee upon request (employee must have been employed for 60 days or more). Nev. Rev. Stat. Ann. § 613.210(4).
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New HampshireNone.No statutory protections. Common law (court-made law) qualified privileges exist, including that for communications between supervisors, unless employee shows employer abused the privilege.Independent Mechanical Contractors v. Gordon T. Burke & Sons,138 N.H. 110 (1993).No specific requirements for employers.
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New JerseyBlacklisting prohibition regarding discriminatory practices. N.J. Stat. § 10:5-12.No statutory protections for most employers, but common law (court-made) privileges exist for good-faith communications of employee qualifications unless employer (i) knows statement to be false or (ii) acts with reckless disregard to falsity. Erickson v. Marsh & McLennan Co.,117 N.J. 539 (1990). Statutory job reference immunity available for health care entities under certain circumstances. N.J. Stat. § 26:2H-12.2c.DeAngelis v. Hill, 180 N.J. 1 (2004).No specific requirements for most employers. With respect to health care entities, must provide information upon request or face administrative penalties.
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New MexicoBlacklisting prohibition. N.M. Stat. Ann. § 30-13-3.Job reference immunity available unless employee shows that information disclosed: (i) was knowingly false or deliberately misleading; (ii) was rendered maliciously; or (iii) violated any employee civil rights. N.M. Stat. Ann. § 50-12-1.N.M. Stat. Ann. § 38-2-9; N.M. Stat. Ann. § 41-7-1.Upon request.
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New YorkBlacklisting prohibition. NY CLS Labor § 704. Blacklisting prohibition for discriminatory practices. NY CLS Exec § 296.No statutory privilege, but common law (court-made law) privilege available if an employer shares information with another that has a common interest in the information. Dillon v. City of New York, 261 A.D. 2d 34 (N.Y.A.D. 1 Dept. 1999).Idema v. Wager,120 F.Supp.2d 361 (S.D.N.Y. 2000); Howard v. Alford, 229 A.D.2d 996 (N.Y.A.D. 4 Dept. 1996); Ott v. Automatic Connector,193 A.D.2d 657 (N.Y.A.D. 2 Dept. 1993).No specific requirements for employers.
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North CarolinaBlacklisting prohibition. N.C. Gen. Stat. § 14-355.Job reference immunity available unless employee shows by greater weight of evidence that: (i) information was false; and (ii) the employer knew or reasonably should have known the information was false. N.C. Gen. Stat. § 1-539.12. Common law (court-made law) privilege also applies. Presnell v. Pell, 298 N.C. 715 (N.C. 1979).Holleman v. Aiken, 193 N.C. App. 484 (2008); Boyce & Isley v. Cooper, 153 N.C. App. 25 (2002).Upon request of employee or prospective employer.
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North DakotaN.D. Cent. Code, § 34-12-03(2)(h); N.D. Cent. Code, § 34-01-06.Job reference immunity available unless employee shows by greater weight of evidence that information was: (i) knowingly false; (ii) disclosed with reckless disregard for truth; (iii) deliberately misleading; or (iv) maliciously disclosed. N.D. Cent. Code, § 34-02-18 .In addition, immunity does not apply if information was subject of nondisclosure agreement or otherwise confidential.Employee must ask for correction or clarification prior to filing claim. N.D. Cent. Code, § 32-43-03; Fish v. Dockter,2003 ND 185 (2003); Soentgen v. Quain & Ramstad Clinic, 467 N.W.2d 73 (N.D. 1991).Upon request of prospective employer. Forster v. West Dakota Veterinary Clinic, Inc., 2004 ND 207 (2004).
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OhioNone.Job reference immunity available unless the information: (i) was false and employer intended to mislead; (ii) disclosed in bad faith; (iii) disclosed maliciously; or (iv) disclosed in violation of discrimination protections. ORC Ann. 4113.71. Common law (court-made law) privileges also apply. See Hanly v. Riverside Methodist Hosp., 78 Ohio App. 3d 73 (Ohio Ct. App. 10 1991).Celebrezze v. Dayton Newspapers, Inc.,41 Ohio App. 3d 343 (Ohio Ct. App. 9 1988); Ratkosky v. CSX Transp., Inc., 2009 Ohio 5690 (Ohio Ct. App. 8 2009).Upon request of employee or prospective employer.
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OklahomaBlacklisting prohibition. 40 Okl. St. § 172.Job reference immunity available unless employee can prove by the greater weight of the evidence that the employer disclosed information: (i) that was false; and (ii) the employer either knew it was false or acted with malice or reckless disregard for the truth. 40 Okl. St. § 61.12 Okl. St. § 303; 12 Okl. St. § 304.Upon request and consent of current or former employee. However, a state agency employer may disclose job performance information to a state agency prospective employer without employee's consent.
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OregonBlacklisting prohibition. ORS § 659.805.Job reference immunity unless employee shows by greater weight of the evidence that employer disclosed information that was (i) knowingly false; (ii) deliberately misleading; (iii) rendered with malicious purpose; or (iv) in violation of employee's civil rights. ORS § 30.175.DeLong v. Yu Enterprises, 334 Ore. 166 (2002).Upon request of employee or prospective employer.
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PennsylvaniaNone.Job reference immunity available unless employee can show with reasonable certainty that the employer disclosed information that: (i) the employer knew or should have known was false; (ii) the employer knew was misleading; (iii) was false and was communicated recklessly; or (iv) was prohibited by any employee contract or right. 42 Pa.C.S. § 8340.1.Maier v. Maretti, 448 Pa. Super. 276 (1995).Upon request of employee or prospective employer.
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Rhode IslandBlacklisting prohibition. R.I. Gen. Laws § 28-7-13.Job reference immunity available unless information disclosed was: (i) knowingly false; (ii) deliberately misleading; (iii) disclosed for a malicious purpose; or (iv) discriminatory. R.I. Gen. Laws § 28-6.4-1(c).Swerdlick v. Koch, 721 A.2d 849 (R.I. 1998).Upon request of employee or prospective employer.
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South CarolinaNone.Job reference immunity unless employee shows that employer knowingly or recklessly made false statements. S.C. Code Ann. § 41-1-65.Constant v. Spartanburg Steel Prods., 316 S.C. 86 (1994).Upon written request of prospective employer.
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South DakotaNone.Job reference immunity unless employee shows with reasonable certainty that employer: (i) recklessly, knowingly or maliciously disclosed false or deliberately misleading information; or (ii) disclosed information subject to a nondisclosure agreement or otherwise confidential. S.D. Codified Laws § 60-4-12. In addition, some types of communications are privileged. S.D. Codified Laws § 61-3-5.S.D. Codified Laws § 20-11-1.Upon written request of current or former employee or prospective employer.
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TennesseeNone.Job reference immunity available unless employee can show by the greater weight of the evidence that the disclosed information was: (i) knowingly false; (ii) deliberately misleading; (iii) disclosed maliciously; (iv) disclosed recklessly; or (v) disclosed in violation of any of employee's civil rights. Tenn. Code Ann. § 50-1-105.Sullivan v. Baptist Mem. Hosp., 995 S.W.2d 569 (Tenn. 1999).Upon request of employee or prospective employer.
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TexasBlacklisting prohibition. Tex. Lab. Code § 52.031.Job reference immunity available unless employee shows that the employer disclosed information: (i) knowing that the information was false; or (ii) with malice or reckless disregard for its truth or falsity. Tex. Lab. Code § 103.003.Graham v. Rosban Constr., Inc., 2009 Tex. App. LEXIS 8037 (Austin October 14, 2009).Upon request of employee or prospective employer. An employer may not disclose information regarding certain protected conduct of nurses and must allow the nurse to submit a statement to establish applicability of protection. Tex. Lab. Code § 103.003 (b). An employee may also request a service letter (i.e., a written truthful statement of the reason for discharge). Tex. Lab. Code § 52.031.
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UtahBlacklisting prohibition (no criminal penalties attached). Utah Const. Art. XII, § 19; Utah Const. Art. XVI, § 4.Job reference immunity available unless employee shows with reasonable certainty that the employer disclosed information: (i) knowing information was false or with reckless disregard of whether the information was false; or (ii) with intent to mislead. Utah Code Ann. § 34-42-1.Stien v. Marriott Ownership Resorts,944 P.2d 374 (Utah App. 1997).Upon request of employee or prospective employer.
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VermontNone.None.Crump v. P & C Food Mkts.,154 Vt. 284 (1990).No specific requirements for employers.
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VirginiaBlacklisting prohibition. Va. Code Ann. § 40.1-27.Job reference immunity available unless employee shows with reasonable certainty that employer disclosed information: (i) knowing that the information was false; (ii) with reckless disregard for its falsity; or (ii) with intent to deliberately mislead. Va. Code Ann. § 8.01-46.1.Tomlin v. IBM, Corp., 2012 Va. Cir. LEXIS 26 (Fairfax Feb. 13, 2012).Upon request of employee or prospective employer.
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WashingtonBlacklisting prohibition. Rev. Code Wash. (ARCW) § 49.44.010.Job reference immunity for disclosure of specific employment information available unless employee shows with reasonable certainty that information was (i) knowingly false; (ii) deliberately misleading; or (iii) made with reckless disregard for the truth. Rev. Code Wash. (ARCW) § 4.24.730.Brawley v. Rouhfar, 2011 Wash. App. LEXIS 1718 (Wash. App. 2011); Rev. Code Wash. (ARCW) § 4.16.100.Upon request of individual employer or employment agency. Two-year recordkeeping requirement: (i) employer should retain a written record of the person or entity to which information was disclosed; (ii) file the copy in employee's personnel file; and (iii) allow current or former employee to inspect the file in accordance with state law. In addition, an employer must submit a service letter (signed written statement stating date and reasons for discharge) within 10 business days of receipt of former employee's written request. WAC § 296-126-050.
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West VirginiaNone.Job reference immunity for disclosure of specific employment information available unless information disclosed was: (i) knowingly false; (ii) disclosed with reckless disregard for the truth; (iii) deliberately misleading; (iv) rendered with malicious purpose toward employee; or (v) shared in violation of a nondisclosure agreement or applicable law. W. Va. Code § 55-7-18a.Rice v. Rose & Atkinson, 176 F.Supp.2d 585 (S.D. W.Va. 2001).Disclosure must be in writing and a copy provided to employee at the time of the disclosure. If an employer discloses false or misleading information and upon the employee's request, the employer must provide corrected information to those that received the incorrect information, along with a copy sent to the employee.
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WisconsinBlacklisting prohibition. Wis. Stat. § 134.02(1); Wis. Stat. § 111.06(1)(k).Job reference immunity available unless an employee shows with reasonable certainty that an employer: (i) knowingly provided false information; (ii) made the reference maliciously; or (iii) made the reference in a discriminatory manner. Wis. Stat. § 895.487; Wis. Stat. § 111.322.Gibson v. Overnite Trans. Co., 2003 WI App 210 (Ct. App. 2003).An employee may request his or her employer to provide a service letter, including the reason for termination. Wis. Stat. § 134.02(2).
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WyomingNone.Job reference immunity available unless an employee shows by the greater weight of the evidence that the employer disclosed information that was: (i) knowingly false; (ii) deliberately misleading; or (iii) rendered with a malicious purpose. Wyo. Stat. § 27-1-113(b).Wyo. Const. Art. 1, § 20.No specific requirements for employers.
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