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In New Mexico, an employer/former employer may disclose reference information about employee/former employee job performance, 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 discloses information:
Blacklisting a former employee in order to prevent or try to prevent that employee from obtaining employment is a crime. However, an employer may provide upon request a report/opinion of a former employee’s performance and qualifications, if accurate and honest.
Contacts
New Mexico Department of Labor
New Mexico Department of Corrections
Regulations
New Mexico Statutes, §50-12-1, Employer immunity from liability for references on former employee
New Mexico Statutes, §30-13-3 Blacklisting
Contacts
None.
Regulations
None.