Law gives little incentive for written references

by Bob Lawson

for the Business Journal

Over the last few years, efforts have been made to introduce legislation in Missouri concerning the employment relationship of employer and employee, including the addition of statutory exceptions to the employment-at-will doctrine. However, most of the bills never made it out of committee.

This year, though, Missouri's legislators passed a bill which included provisions for employers giving letters of reference about employees to prospective employers. Senate Bill 32, which primarily concerned revisions to Missouri workers' compensation statutes, was amended to include Rep. Vickie Wilson's proposed legislation on this subject. The bill was signed by the governor July 13, and became a new law Aug. 28.

The new statute, codified at Section 290.152 RSMO, provides that an employer may provide certain information about a former or current employee to a prospective employer.

Specifically, a prospective employer, defined as an employer to which an individual has made oral or written appli-cation, or who has expressed an interest in employment, must submit a written request to the current or former employee's employer for the statutory information.

In response, the current or former employer may provide, in writing, information about the nature and character of services rendered by the employee and the duration of the employment. Further, if applicable, the employer is to truly state for what cause, if any, such employee was discharged or voluntarily quit. The new statute also requires the employer to forward a copy of the reply to the current or former employee.

If an employer does respond to a written inquiry, the new statute provides some limited legal protection.

An employer will not be liable for any response it makes in accordance with this statute or for any consequences of such response, unless the response is false.

If the employer issues an improper response, the statute restricts the current or former employee to compensatory damages