The last thing you need—an ex-employee suing over a bad reference. Fortunately, most states offer a qualified privilege to employers that provides immunity for employers who give employment references; however, the privilege is easily lost if employers aren’t careful.
For detailed information about the states and their laws, we turned to “The 50×50,” BLR/HRhero’s 50 employment Laws in 50 States.
While some states offer an “absolute” privilege, most offer a qualified privilege, and that means, typically, that the privilege is lost if reference statements:
- Are knowingly false
- Are not made “in good faith”
- Are made with malicious intent
- Are made with “reckless disregard for the truth”
- Are made in violation of a nondisclosure agreement
- Contain information that is confidential under law
Many states also require that the request for a reference be made by the employee or prospective employer, and some states require that the request and/or the reference be in writing.
Even in states with no immunity, there may be some protection under defamation laws that generally provide exemption for factual statements.
Operate in multiple states? That’s a real compliance challenge, but with “The 50×50” (50 Employment Laws in 50 States) answers are at your fingertips. Wage/hour? Leave? Child labor? Discrimination? All there in easy-to-read chart form. Get more details.
No Immunity Laws
The following states have no immunity laws:
AL
DC
MS
NE
NH
NJ
VT
Finally, an easy-to-use state law guide for all 50 states plus DC and Canada! The “50×50” (50 Employment Laws in 50 States) guide is the authoritative guide to the top 50 state laws in each state. Easy-to-read chart format. No legalese. Just updated for 2011. Get more information here.
Qualified Privilege for Reference Statements
In the following states, there is a qualified privilege for references provided in good faith:
|
AK |
NM |
|
CO |
NY |
|
DE |
NC |
|
FL |
OH |
|
GA |
OK |
|
HI |
OR |
|
ID |
PA |
|
IL |
RI |
|
IA |
TN |
|
KY |
TX |
|
LA |
UT |
|
ME |
VA |
|
MD |
WV |
|
MA |
WI |
|
MO |
WY |
|
NV |
|
In tomorrow’s Advisor, more on qualified privilege, and an introduction to the amazing “50×50,” the practical guide to 50 laws in 50 states.