Post employment inquiries - Minnesota

Summary of differences between federal and state regulations

In Minnesota, an employee/former employee may take action against a public or private employer/former employer for making any disclosure to a prospective employer or employment agency, if he/she can demonstrate that:

• The disclosure information was false, and
• The disclosure information was defamatory, and
• The employer/former employer knew the information was false (or should have known it was false), and
• The employer/former employer intentionally injured the employee/former employee.

A “private” employer/former employer may disclose information to a prospective employer or employment agency upon request of the prospective employer or employment agency, so long as a copy of such information must be mailed to the employee/former employee. Such information may include:

• Employment dates,
• Wages and compensation,
• Job description and duties,
• Employer-provided training/education, and
• Any documented violence, theft, harassment, or illegal conduct that resulted in discipline or resignation, along with the employee’s written responses.

Also for private employers/former employers, further written disclosure of the following information may be made only upon written consent of the employee/former employee, and so long as a copy is sent to the employee/former employee along with mention of to whom the information was disclosed:

• Written employee evaluations and employee responses, made prior to the employee’s/former employee’s separation from the employer/former employer;
• Written disciplinary warnings and employee responses, within five years of the written consent; and
• Written reasons for employment separation.

A “public” employer/former employer may disclose all public personnel data to a prospective employer or employment agency. However, a public employer/former employer may disclose the following private personnel data to a prospective employer or employment agency, only upon written consent of the employee/former employee:

• Written employee evaluations and employee responses, made prior to the employee’s/former employee’s separation from the employer/former employer; and
• Written reasons for employment separation.

The health care facilities listed in Minnesota Statute 604A.33 may disclose to prospective employers, upon written request, certain information about an employee/former employee. Paper copies of this shared information must be provided to the employee/former employee, upon request.

An employer must respond in writing within 10 days of a former terminated employee’s request, of the true reasons for termination, if the request is made within 15 days of termination. Such responses are free from libel, slander, or defamation actions.

State

Contacts

Minnesota Department of Labor and Industry

Minnesota Judicial Center

Regulations

Minnesota Statute 181.933, Notice of termination

Minnesota Statute 181.967, Employment references

Minnesota Statute 604A.33, Reference checks by certain health care providers and facilities

Federal

Contacts

None.

Regulations

None.