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 Department of Human Resources & Equal Opportunity

Workers' Comp

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 from employment.

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.

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The University of Minnesota is an equal opportunity educator and employer.
Last modified on 04/08/14 02:48 PM
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