Post employment inquiries - Wisconsin

Summary of differences between federal and state regulations

In Wisconsin, an employer/former employer may disclose to a prospective employer, upon request of the prospective employer or employee/former employee, a reference, unless he/she is not acting in good faith. An employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer provided knowingly false information, maliciously made the reference, or violated a discrimination law.

Two or more people may not prevent a person from obtaining employment; prevent a person (by use of a threat, promise, or blacklist) from keeping employment; nor blacklist a discharged employee or employee who left voluntarily. A person may not threaten, force, or coerce anyone in order to prevent a person from obtaining or keeping employment.

An employer may provide truthful reasons for an employee’s discharge upon request of the discharged employee, a prospective employer, or bondsman or surety. However, an employer may not provide reasons for discharging an employee if the intent is to blacklist the employee or prevent him/her from obtaining employment.

State

Contacts

Wisconsin Court System

State Law Library

Wisconsin Department of Agriculture, Trade, and Consumer Protection

Regulations

Wisconsin Statute 895-487, Civil liability exemption; employment references

Wisconsin Statute 134.02, Blacklisting and coercion of employees

Wisconsin Statute 134.03, Preventing pursuit of work

Federal

Contacts

None.

Regulations

None.