Post employment inquiries - North Carolina

Summary of differences between federal and state regulations

In North Carolina, 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 history or job performance, unless the information is knowingly false or the employer/former employer should have known the information was false. An employer may be liable for disclosing knowingly false information or information it should have known to be false. Job performance means suitability for re-employment; skills, abilities, and traits related to employment; or any reasons for separation.

Preventing a discharged employee from obtaining employment is a crime. However, an employer may provide upon request written reasons for discharge, if truthful.

State

Contacts

North Carolina Department of Correction

North Carolina Department of Justice

Regulations

Immunity from civil liability for employers disclosing information

NC General Statute – Chapter 1, Article 43 (§1-539-12)

Blacklisting employees

NC General Statute – Chapter 14, Article 45 (§14-355)

Federal

Contacts

None.

Regulations

None.