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.