Employer Reference in Nebraska
Issue Overview: Nebraska is among a small and dwindling number of states that have not enacted legislation to protect employers who give job references on current/former employees. Legislation introduced in recent years would provide limited immunity for employers who share information regarding their current/former employees with prospective employers. The legislation is designed to ensure that employers who give honest, good faith references about current/former employees will not be subjected to expensive and unwarranted lawsuits.
NFIB Position: Support. Job references have become a scarce commodity in recent years. Many employers have been advised by legal counsel not to provide job references for current or former employees for fear that they may be sued as a result. With no liability protection associated with job references, employers fear that an adverse job reference -- no matter how legitimate and truthful -- will serve as the basis of a lawsuit. NFIB members have expressed their desire to have legal disincentives to the disclosure of information about current/former employees removed.
Issue Status: Legislation will be considered in 2008 (LB 450) that would provide immunity from civil liability for disclosures made by an employer about a current or former employee to a prospective employer unless the employer knew or should have known that the information was false and acted with malice when disclosing the information.
What to Do: Contact your state lawmakers through personal visit, phone call, letter, fax or e-mail.
What to Say: Urge your state senator to support LB 450 to enhance the ability of employers to give honest, good-faith references about current/former employees without fear of unwarranted lawsuits.
