LINCOLN, Neb. (AP) — Nebraska employers would be able to divulge more information about their former employees without fear of a lawsuit, under a bill debated Monday in the Legislature's Business and Labor Committee.
At issue for lawmakers: How much is too much information?
Sen. Charlie Janssen of Fremont sponsored the measure that would allow employers to share more information when they get calls about former workers.
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Businesses often discourage management from giving out much information when asked about former employees because of potential lawsuits.
Janssen said employers often only acknowledge the start and end date of employment.
The bill would allow an employer to provide, in good faith and at the employee's request, information about job performance.
The employer would not be civilly liable for the disclosure or the consequences of disclosure, but an employer who acts with actual malice or with deliberate intent to mislead would not receive immunity from civil liability.
"I want it to be a free-flowing exchange, good for both parties," Janssen said.
The senator said a free flow of information would help employers find the right workers and help workers show the good things they did in their previous jobs.
Opponents the legislation is unnecessary.
Employers will be OK, they said, as long as they are telling the truth about a former employee.
Health care, education, meat packing and transportation interests said Monday that's not good enough. They said employers are still worried they may say too much.
Steve Sexton of Fremont has been a school superintendent for nearly 30 years.
He said school administrators need all the information they can find to bring in the best job candidates, but former employers are often skittish about giving out information.
Most references are based on observable performance, Sexton said, but most employers won't share the information if there is a chance it could land them in court.
"I think most folks would agree that recruitment has become more complex over the years," he said. "It is the threat of legal action that has affected a shift in references."
Lana Broderson, human resources manager for Fremont Beef Co., said the transient nature of meatpacking industry jobs poses problems as workers move from plant to plant.
She said there have been fisticuffs or intimidation at her plant, and sometimes workers are fired.
"I would like to be able to let the next employer know something about that," she said. "I'd like to know that about a potential employee."
Supporters said 35 states have enacted similar laws.
Lawmakers took no action on the bill on Monday. Business and Labor Committee members suggested that the measure needed more work, and a compromise plan may come about over the next couple weeks.
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