A situation often faced by an employer is one in which a former employee has applied for a job with another company and the prospective employer has called for a reference. Often times this is an uncomfortable situation for the former employer and an unproductive experience for the prospective employer. The former employer is concerned about possible repercussions from the former employee, if he or she is unsuccessful in obtaining the job, even when the information passed is truthful.
Kansas has now passed a law, effective July 1, 1995, which provides immunity from civil liability for disclosure of certain information. That information is the date of employment, pay level, job description and duties, and wage history. In addition, an employer may respond in writing to a written request from a prospective employer by providing information relating to written employee evaluations conducted prior to separation. The employer may also state in writing whether the employee was voluntarily or involuntarily released and the reason for the discharge.
While this law should be helpful to employers, there are, of course, some caveats. First of all the information must be truthful, and secondly there must not be another law which prohibits the release of such information. (HB 2029, Chp 122)
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