Important New Law for California Employers
The California Legislature recently enacted a new law that requires all employers to give their new, non-exempt hires written notice regarding the terms of their employment. This law went into effect on January 1, 2012. The form is accessible through this link. Keep in mind that you do not need to have your new hires fill out this form if 1) the employees are directly employed by the state or any political subdivision; 2) the employees are exempt and not entitled to overtime; or 3) the employee is covered by a collective bargaining agreement.
This law is not retroactive, so only new employees as of January 1, 2012 need to fill out this form. Be sure to keep a copy of this form in the employee’s personnel file.
What is important about this new law is that all employers must be clear about classifying their new hires as either exempt or non-exempt at the outset of their employment.
In regards to an employment verification process, what are former
employers allowed to disclose?
I have long known that employers are allowed to state the dates you were
employed, as well as job title, and to some extent, are allowed to
answer yes or no questions such as “would you re-hire the employee?”
etc.
What I really want to know is, is the former employer allowed to
disclose non-confirm/deny information, such, as “How did the employee
perform in his/her function?”
I am specifically interested in knowing if the employer can legally
answer, “What was the employee’s salary?”
Any direction is appreciated.
You are allowed to provide factual information about the employee to prospective employers, such as salary history. There is nothing per se prohibiting you from responding to questions about the former employee’s job performance. However, I usually advise against responding to these questions. The reason for this is that if you provide any negative information, it potentially exposes you to liability for slander. A disgruntled former employee who did not get a job because of a negative response from you to the prospective employer about his or her job performance may sue you if they disagree with your statement. It is a defense to slander that the statements were either phrased as a matter of opinion or that the factual statements were true. However, you don’t really want to opoen that can of worms and have to fight about it in court. Therefore, the best way to avoid a potential lawsuit is just to adopt a standard policy that you provide information about the employment dates, final rate of pay, etc. but no commentary on the reasons for the person’s separation from the company or his or her job performance.
Excellent advice. Thank you Laura for your expertise in this area. WHW truly appreciates it.
Have a wonderful weekend.