Post employment inquiries - Arkansas

Summary of differences between federal and state regulations

In Arkansas, an employer/former employer may disclose the specific information about an employee/former employee to a prospective employer if the employer/former employer receives written consent from the employee/former employee, unless he/she is not acting in good faith. Disclosures may include the information listed in Arkansas Code 11-3-204(a)(1). An employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer disclosed false information recklessly, knowingly, or with malicious intent.

Blacklisting any person in order to prevent that person from securing employment or cause the discharge of any person employed by any company or individual is a crime.

State

Contact

Arkansas Department of Labor

Regulations

Arkansas Code 11-3-202, False statements or blacklists to prevent employment prohibited

Arkansas Code 11-3-204, Providing references to prospective employers

Federal

Contacts

None.

Regulations

None.