Post employment inquiries - Utah

Summary of differences between federal and state regulations

In Utah, an employer/former employer may disclose to a prospective employer, upon request of the prospective employer, information about employee/former employee job performance, conduct, or evaluation, 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 knowingly false information or intentionally misleading information or discloses the information with reckless disregard.

A school or school district must disclose to the Utah State Office of Education’s administrator of teacher licensing, information possessed and any recommendation the school or district has on a person, for teaching employment or teacher licensing purposes. However, a school or school district is free of liability relating to the disclosure, only if the information is provided in good faith.

Maliciously interfering in order to keep a person from obtaining or enjoying employment is not allowed. Blacklisting a discharged or resigned employee in order to prevent the employee from obtaining or keeping employment is also not allowed. Exchanging blacklists is prohibited.

State

Contact

Utah Labor Commission

Regulations

Utah Code 34-42-1, Employer references – Civil liability – Rebuttable presumption – Common law

Utah Code 53A-6-402, Evaluation information on current or prospective school employees - Notice to employee - Exemption from liability

Utah Constitution Article XII, Section 19, Blacklisting forbidden

Federal

Contacts

None.

Regulations

None.