Post employment inquiries - South Dakota

Summary of differences between federal and state regulations

In South Dakota, an employer/former employer or agent may disclose to a prospective employer, upon written request of the prospective employer or employee/former employee, information in writing 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 disclosed false or intentionally misleading information knowingly, recklessly, or with malicious intent; disclosed information under a nondisclosure agreement; or disclosed confidential information.

State

Contact

South Dakota Department of Labor

Regulations

South Dakota Codified Law 60-4-12, Presumption of good faith disclosure of employment information to prospective employers

Federal

Contacts

None.

Regulations

None.