Post employment inquiries - Delaware

Summary of differences between federal and state regulations

In Delaware, an employer/former employer may disclose to a prospective employer information about employee/former employee job performance, law violations, or abilities or inabilities related to the position held, unless he/she is not acting in good faith. An employer/former employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer disclosed information:

• That is knowingly false,
• To deliberately mislead or for a malicious intent,
• In violation of an agreement of nondisclosure, or
• That was confidential by law or regulation.

Employers who receive written requests for “service letters” from a health care, child care, personal or nutritional care facility must provide that facility with a signed service letter about the employee/former employee within 10 business days of the request. The required contents of the service letter are listed at Delaware Code 19-708.

State

Contact

Delaware Department of Labor

Regulations

Delaware Code 19-708, Special employment practices relating to health care and child care facilities

Delaware Code 19-709, Employment information

Federal

Contacts

None.

Regulations

None.