Minnesota Job Reference Law
The "Job Reference Law" took effect on August 1, 2004. This
law provides protection from litigation to employers who disclose certain
information about current and past employees to potential new employers.
Who is covered under the law? All private, government and school employers
who employ one or more employees.
What can a government employer disclose? All public personnel data and,
with the employee’s written consent, written employee evaluations
conducted before the separation and the employee’s written response,
if any, contained in the personnel record; and written reasons for separation
What kind of protection is granted? All employers who provide truthful
information about the employee pursuant to the terms of the statute are
immune from suit. In order to bring a suit against a former employer,
the employee is held to a higher burden of proof and must show by clear
and convincing evidence that the information was false and defamatory
and the employer knew or should have known the information was false and
acted with malicious intent to injure the employee.
Contact Mary L. Cameron (726-7912) before
you respond to reference inquiries. UMD Department of Human Resources and Equal Opportunity
will be happy to review drafts.