State laws known as “job reference immunity statutes” were passed in order to shield employers from legal action when they divulge information about their current or past workers. The reference must be factual, accurate, supported by documentation, and not offered maliciously in order for the employer to be exempt from liability.
The Washington State Legislature states that an employer is presumed to be acting in good faith when they provide information about a current or former employee to a prospective employer or employment agency as defined by RCW 49.60.040 at the employer’s or employment agency’s specific request. It is not subject to criminal or civil penalties for making such a disclosure or the fallout from it if the information is related to:
- The capacity of the worker to carry out their duties.
- The employee’s dedication, talent, or knowledge.
- The employee committed an illegal act.
What advantages do statutes granting immunity for work references offer?
Because of the higher danger of litigation, few employers will give job references to their employees. Employers grew increasingly wary about supplying references as a result of significant jury rulings in job reference cases, as reported by law scholars, journalists, and other workplace observers. When employers provide some employees good references but not others, issues may also occur. This keeps excellent workers from getting favorable reviews and makes companies recruit people they wouldn’t have if they had known about the workers’ past conduct. The purpose of the Employment Reference Immunity Act is to incentivize companies to furnish their workers with accurate and truthful job references. Depending on the extent of the information, the Act grants employers either qualified or total immunity for answering information requests from potential employers.
