Post employment inquiries - Washington

Summary of differences between federal and state regulations

Before July 24, 2005:

• Both the federal and state requirements do not cover employer immunity from disclosure claims, relating to communications between employers/former employers and prospective employers.

On and after July 24, 2005:

• In Washington state, an employer/former employer may disclose to a prospective employer/employment agency, upon request, information on employee/former employee job performance; diligence, skill, or reliability relating to job duties; or illegal/wrongful acts relating to job duties, 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 information that is knowingly false, knowingly misleading, and reckless. Employers/Former employers must document in the employee/former employee’s personnel file the identity of the entity that received such disclosure, keep this identity record for two years, and allow the employee/former employee to inspect the record upon request.

Currently, upon written request of a former employee, an employer must provide to the former employee within 10 days of the request a signed, written statement containing the reasons and effective date of discharge. An employer must also, upon request, make available to an employee at a reasonable time a record of the employee’s name, address, and occupation, employment dates, pay rate(s), amount paid each pay period, and hours worked.

Willfully and maliciously sending a written statement to anyone in order to prevent a person from obtaining or keeping employment and willfully and maliciously blacklisting a person is a crime.

State

Contacts

Washington Legislative Information Center

Washington Department of Labor and Industries

Regulations

Revised Code of Washington 49.44.010, Blacklisting - Penalty

Washington Administrative Code 296-126-050, Employment records

House Bill 1625, Employee information disclosure – employer immunity  (signed 4/21/05; effective 7/24/05)

Federal

Contacts

None.

Regulations

None.