Post employment inquiries - Maine

Summary of differences between federal and state regulations

In Maine, a former employer may disclose to a prospective employer information about former employee job performance or work record, unless he/she is not acting in good faith. A former employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the former employer maliciously intended to disclose information that is knowingly false or misleading.

Upon request of an former employee, an employer must give the former employee a written statement of the reasons for termination within 15 days of request.

Maintaining a blacklist or participating in maintaining a blacklist in order to prevent any person from obtaining employment in his/her trade is a crime. It is also a crime for any employer/employee who alone or with others uses threats, intimidation, or force to prevent someone from obtaining or keeping employment. Agricultural employers may not blacklist an employee to prevent him/her from obtaining employment.

State

Contact

Maine Department of Labor

Regulations

Maine Revised Statute Title 26, Chapter 7, Section 598, Employment reference immunity
http://www.mainelegislature.org/legis/statutes/26/title26sec598.html

Maine Revised Statute Title 26, Chapter 7, Section 630, Written statement of reason for termination of employment
http://www.mainelegislature.org/legis/statutes/26/title26sec630.html

Maine Revised Statute Title 17, Chapter 17, Section 401, Definition; penalty
http://www.mainelegislature.org/legis/statutes/17/title17sec401.html

Federal

Contacts

None.

Regulations

None.