Post employment inquiries - New Mexico

Summary of differences between federal and state regulations

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:

• That is knowingly false,
• Intentionally misleading,
• With malicious intent, or
• That violated the former employee’s civil rights.

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.

State

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

Federal

Contacts

None.

Regulations

None.