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mn reference checking law update


Over the past twenty years, employers have grown increasingly reluctant to give out information regarding their current and past employees. When other employers contact them, human resource professionals, upper management, and front-line supervisors generally provide an extremely brief and uninformative answer along the following lines: "Jane Doe worked here from January 31, 2000 to March 4, 2002." A more daring former boss might add: "Jane worked as a widget assembler." The limited flow of information, arising out of employers' fears that providing references may invite defamation claims, has frustrated employers and job applicants alike.

A new Minnesota law is designed to help several players in the hiring process. It seeks to help employers know more about applicants before choosing to hire them (e.g., why did the applicant leave his last job). It seeks to help "good" applicants gain the benefit of positive references from previous employers. And it seeks to protect employers who disclose information that may hurt a "bad " applicant's chances to obtain a new job.

The new law attempts to open the lines of communication between Minnesota employers. Only time will tell if the lines open an inch or a mile.

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new law