Employers in Nebraska can now share information with prospective employers about current and former employees. But, the employer must jump through the proper hoops, and the employer will be entitled to a rebuttable presumption of good faith if the information provided is accurate.
The new law requires employers to obtain a written authorization from the employee to release information. The written authorization, which should be a standalone document, must state:
I, (applicant), hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer).
Employers armed with this authorization can provide the following information:
- Date and duration of employment;
- Pay rate and wage history;
- Job description and duties;
- The most recent written performance evaluation;
- Attendance information;
- Result of drug or alcohol tests administered within one year prior to the request;
- Threats of violence, harassing acts, or threatening behavior related to the workplace or directed at another employee;
- Whether the employee was voluntarily or involuntarily separated from employment and the reasons for the separation; and
- Whether the employee is eligible for rehire.
The written authorization is good for six months. But, it does not apply if the information disclosed turns out to be false and the employer knew or should have known it was false.
This statute may loosen the lips of previous employers and allow a better exchange of information. But, make sure you have the signed authorzation in hand before you start sharing anything about current and past employees.