Post employment inquiries - West Virginia

Summary of differences between federal and state regulations

Before 90 days after March 31, 2006:

• Both the federal and state requirements do not cover employer immunity from disclosure claims, for most industries.

Effective 90 days after March 31, 2006:

• In West Virginia, an employer/former employer may disclose to a prospective employer adverse job-related information on an employee/former employee if the disclosure is in writing and a copy is provided to the employee/former employee, 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, reckless, or maliciously intended or violates the law or a nondisclosure agreement. Employers/Former employers must send corrected information to all who received the original information and a copy to the employee/former employee, if the original information was false or misleading and the employee/former employee requests it to be done. Job-related information is defined at West Virginia Code §55-7-18a(c).

Currently, a financial institution officer may provide to another financial institution an employee’s/former employee’s participation in a financial institution statute/regulation violation that has already been reported to authorities.

State

Contact

West Virginia Division of Banking

Regulations

West Virginia Code §31A-4-44, Employment information

West Virginia Code §55-7-18a, Employer immunity from liability; disclosure of information regarding former employees [See House Bill 4296]

Federal

Contacts

None.

Regulations

None.