Post employment inquiries - Virginia

Summary of differences between federal and state regulations

In Virginia, an employer/former employer may disclose to a prospective employer, upon request of the prospective employer, information about employee/former employee conduct, reasons for separation, job performance, or written performance evaluations, 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 knowingly false information or intentionally misleading information, or disclosed information recklessly.

Preventing a discharged employee, or employee who left voluntarily, from obtaining employment is not allowed.

State

Contacts

Virginia Department of Criminal Justice Services

Virginia Department of Labor and Industry

Regulations

Virginia Code §8.01-46.1 - Disclosure of employment-related information; presumptions; causes of action; definitions

Virginia Code §40.1-27 - Preventing employment by others of former employee

Federal

Contacts

None.

Regulations

None.