290.152. Employer response to request for information about current or former employee, contents, requirements, civil immunity, when. - Missouri Statutes

Employer response to request for information about current or formeremployee, contents, requirements, civil immunity, when.

290.152. 1. As used in this section, the following terms shall mean:

(1) "Employer", any individual, organization, partnership, politicalsubdivision, corporation or other legal entity which has or had in theentity's employ one or more individuals performing services for the entitywithin this state;

(2) "Prospective employer", any employer, as defined in thissubsection, to which an individual has made application for employment,either oral or written, or forwarded a resume or other correspondenceexpressing an interest in employment.

2. An employer may:

(1) Respond in writing to a written request concerning a current orformer employee from an entity or person which the employer reasonablybelieves to be a prospective employer of such employee; and

(2) Disclose the nature and character of service rendered by suchemployee to such employer and the duration thereof; and

(3) Truly state for what cause, if any, such employee was dischargedor voluntarily quit such service.

The provisions of this section shall apply regardless of whether theemployee becomes employed by the prospective employer prior to receipt ofthe former employer's written response. The information provided pursuantto this section shall be consistent with the content of any service letterprovided pursuant to section 290.140 for the same employee.

3. The employer shall send a copy of any letter provided pursuant tosubsection 2 of this section to the current employee or former employee atthe employee's last known address. The current or former employee mayrequest from the employer a copy of the letter provided pursuant tosubsection 2 of this section for up to one year following the date of suchletter.

4. For purposes of this section, an employer shall be immune fromcivil liability for any response made pursuant to this section or for anyconsequences of such response, unless such response was false and made withknowledge that it was false or with reckless disregard for whether suchresponse was true or false.

5. Any employer who violates the provisions of subsection 2 of thissection shall be liable for compensatory damages but not punitive damages.

6. Any letter issued pursuant to this section shall not be admittedas evidence in an unemployment compensation claim.

(L. 1999 S.B. 32)