Reference checks

Mimi

Does the state of Georgia have a law protecting employers as does Arkansas, et cet on reference checks?

System

Hi Mimi,

Below is an excerpt from an HR Hero Line article that should answer your question. If you'd like to read the whole article, you may do so at [url]http://www.hrhero.com/hrheroline/050401.shtml[/url]

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The following states have some type of reference immunity law (and a few other states are on the verge of passing such a law):

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Missouri, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming

Since every state's immunity law varies, check with your attorney to find out how "immune" from liability you would be under your state's law.
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Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

Rockie

It's really interesting that South Carolina is one of the states that has an immunity law for employers, but being from South Carolina, I can tell you that 90% of employers don't believe it! The most you can get out of former employers is that they did work for the company and the dates of hire. We even have a professional background checking company and they run into the same issues with our state as well as other states. I think there is so much employment litigation now that employers play it overly safe! They do have to be aware however, of the implications of negligent hiring, especially in the healthcare arena.