Immunity for employer referrals amended, advanced

Employers providing job references for a current or former employee would receive civil immunity under a bill advanced from general file March 19.

LB959, introduced by Fremont Sen. Charlie Janssen, would provide immunity to an employer who discloses factual information during a reference check. Janssen said the protection is necessary because employers currently are reluctant to offer full information regarding former employees due to legal liability concerns.

“Nebraska is one of the few remaining states without a job reference statute,” Janssen said. “It is important to our state because it will open the flow of communication between employers and employees.”

A Business and Labor Committee amendment, adopted 33-0, replaced the bill and would provide civil immunity to a current or former employer who provides certain information to a prospective employer only upon written consent of the prospective employee.

Under the amendment, a consent form would be provided during the application process and would be valid only for the length of time that the application is considered active by the prospective employer but no longer than six months.

Information that may be provided would include:
• employment date and duration;
• job description and duties;
• pay rate and wage history;
• attendance information;
• drug and alcohol test results;
• threatening or harassing behavior;
• most recent written performance evaluation; and
• whether the employee is eligible for rehire.

An employer providing information pursuant to a written consent would be immune from civil liability and presumed to be acting in good faith. The good faith presumption could be rebutted upon a showing by a preponderance of the evidence that the information was known to be false or that the employer acted with malice or reckless disregard for the truth.

Omaha Sen. Steve Lathrop, chairperson of the committee, said the amendment was modeled on an Arkansas law and would put clear parameters around the information that a prospective employee would consent to have released by a present or former employer.

“I believe this is a good compromise as it provides protection for both employees and employers,” he said.

The bill advanced to select file 33-0.