Post employment inquiries - Texas

Summary of differences between federal and state regulations

In Texas, 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 performance, unless he/she discloses knowingly false information or discloses the information with malicious intent or reckless disregard. Employers may not disclose certain protected information about the conduct of licensed nurses.

Publishing a blacklist or conspiring or contriving to prevent a discharged employee from obtaining employment is a crime.

Texas Workforce Commission sources say that Vernon’s Texas Civil Statute Article 5196, Discrimination, while still Texas Law, is unenforceable because, according to a Supreme Court case, it violates an employer’s right to remain silent.

State

Contact

Texas Workforce Commission

Regulations

Texas Labor Code, Title 3, Chapter 103, Disclosure by employer of information regarding certain employees or former employees

http://www.statutes.legis.state.tx.us/SOTWDocs/LA/htm/LA.103.htm

Texas Labor Code, Title 2, Chapter 52, Subchapter D, Section §52.031, Blacklisting offense; penalty

http://www.statutes.legis.state.tx.us/SOTWDocs/LA/htm/LA.52.htm#52.031

Vernon’s Texas Civil Statute, Title 83, Chapter 12, Article §5196, Discrimination

http://www.statutes.legis.state.tx.us/SOTWDocs/CV/htm/CV.83.12.htm#5196

Federal

Contacts

None.

Regulations

None.