Post employment inquiries - Indiana

Summary of differences between federal and state regulations

In Indiana, an employer/former employer may disclose to a prospective employer employee/former employee information, unless he/she discloses false information at the time of the disclosure. An employer may be liable for false disclosure information. It is a crime for a former employer may not prevent a former employee from obtaining employment, and the former employer may be liable for such activities. However, a former employer may disclose to a prospective employer a written statement containing the reasons for discharging a former employee.

Prospective employers must provide copies of employer/former employer written communications that affect employability, upon written request of the prospective employee if received within 30 days of application.

Former employers must provide former employees, upon written request, a letter stating the former employee’s nature and character of duties, duration of employment, and the true cause, if any, for the employee’s leaving or discharge.

State

Contact

Indiana Department of Labor

Regulations

Indiana Code §22-5-3-1, Disclosure of information after employee’s discharge

Indiana Code §22-6-3-1, Exemptions

Federal

Contacts

None.

Regulations

None.