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Glossary/Job Reference Immunity Statutes

Job Reference Immunity Statutes

What are Job reference immunity statutes?

Job reference immunity statutes block employers who furnish references about their previous employees from lawsuits for defamation and other legal claims. The laws are diverse across jurisdictions but commonly endeavor to create an environment of complete truth and accountability between the employer and the candidate. It usually gives to employers a safe harbor if the information is provided in good faith and with no intent to mislead. Job reference immunity statutes are essential in providing transparency during the hiring process and helping employers to make good decision by judging according to the truth about the potential employees.

Example

Many states across the USA demonstrate jobs immunity statutes, for example California Labor Code Section 1050. This law saves current and past employers from being taken to court for defamation if the information provided is true and given without bad intentions. For instance, the statute protects an employer’s statement about a former employee who consistently missed deadlines, even if the employee contests its accuracy. As such, legislators aim to foster honest communication between employers while offering protection against frivolous legal actions that would dissuade employers from giving value-laden references.

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