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Employer Immunity for providing reference checks

ZebraZebra 1 Post
in HR & Employment Law Vote Up0Vote Down
Can someone help point me to a source where I can identify the states that have statutes that provide employers immunity for providing 'good faith' references on former employees to another employer? Thanks
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  • 3 Comments sorted by Votes Date Added
  • SystemSystem 5,885 Posts
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    I don't know which states have statutes. But if you get sued for a reference, it will probably be defamation and maybe some other laws. You have defenses for defamation that are similar to statutory privileges.

    If the reference was truthful, that's not defamation. If it was inaccurate, but you had a good-faith belief it was true, you might be able to win the lawsuit.

    James Sokolowski
    HRhero.com
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  • deniseEdeniseE 902 Posts
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    To avoid this possibility we have all reference calls come through HR and verify only the dates of employment, job title, and will answer yes or no to the "would you re-hire" question.

    We realize that this does not help the prospective employer out a great deal...but we also don't want to be caught in the position of providing what the employee could define as derogatory information.


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  • WOTWOT 10 Posts
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    I don't know of a comprehensive list by state as you've requested, but know that in Texas, the Labor Laws, Title 3 Employer and Employee Relations, Chapter 103 will give you good infomation. I'm sorry I don't have an internet site for you, but you might try Texas Labor Laws in a search to get you to the site. Hope that will help.
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