§ 22-5-3-1 — Disclosure of information after employee's discharge

Indiana § 22-5-3-1

• Jurisdiction: Indiana
• Art. 5: UNLAWFUL LABOR PRACTICES
• Ch. 3: Blacklisting

Text

(a) A person who, after having discharged any
employee from his service, prevents the discharged employee from
obtaining employment with any other person commits a Class C
infraction and is liable in penal damages to the discharged employee to
be recovered by civil action; but this subsection does not prohibit a
person from informing, in writing, any other person to whom the
discharged employee has applied for employment a truthful statement
of the reasons for the discharge.
(b) An employer that discloses information about a current or
former employee is immune from civil liability for the disclosure and
the consequences proximately caused by the disclosure, unless it is
proven by a preponderance of the evidence that the information
disclosed was known to be false at the time the disclosure was made.
(c) Upon written request by the prospective employee, the
prospective employer will provide copies of any written
communications from current or former employers that may affect the
employee's possibility of employment with the prospective employer.
The request must be received by the prospective employer not later
than thirty (30) days after the application for employment is made to
the prospective employer.
Formerly: Acts 1889, c.166, s.1. As amended by Acts 1978,
P.L.2, SEC.2227; P.L.218-1995, SEC.1.