Post employment inquiries - Maryland

Summary of differences between federal and state regulations

In Maryland, an employer/former employer may disclose to a prospective employer upon request of the prospective employer or employee/former employee information about employee/former employee job performance or reasons for termination, unless he/she is not acting in good faith.

An employer/former employer may disclose to a regulatory body upon request information about employee/former employee job performance or reasons for termination, unless he/she is not acting in good faith.

An employer/former employer may disclose information about employee/former employee job performance or reasons for termination, in a document or report required by law or regulation, unless he/she is not acting in good faith.

An employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer discloses:

• Information with malice, or
• False information intentionally or recklessly.

State

Contact

Maryland Judiciary

Regulations

Maryland Code 5-423, Same – Disclosure of information regarding employee or former employee

Federal

Contacts

None.

Regulations

None.