Disclosure of information after employee's discharge
Sec. 1. (a) A person who, after having discharged any employee
from his service, prevents the discharged employee from obtaining
employment with any other person commits a Class C infraction and
is liable in penal damages to the discharged employee to be
recovered by civil action; but this subsection does not prohibit a
person from informing, in writing, any other person to whom the
discharged employee has applied for employment a truthful
statement of the reasons for the discharge.
(b) An employer that discloses information about a current or
former employee is immune from civil liability for the disclosure and
the consequences proximately caused by the disclosure, unless it is
proven by a preponderance of the evidence that the information
disclosed was known to be false at the time the disclosure was made.
(c) Upon written request by the prospective employee, the
prospective employer will provide copies of any written
communications from current or former employers that may affect
the employee's possibility of employment with the prospective
employer. The request must be received by the prospective employer
not later than thirty (30) days after the application for employment
is made to the prospective employer.
(Formerly: Acts 1889, c.166, s.1.) As amended by Acts 1978, P.L.2,
SEC.2227; P.L.218-1995, SEC.1.
Last modified: May 27, 2006