Maryland Reference Laws

References must be checked after an interview before a person can be hired.

Human resources departments in Maryland check the references of potential employees. State regulations require that a current or former employer provides the facts and does not show malice toward the employee during reference checks.

History

Because increasing numbers of employers are worried that lawsuits might be brought against them by current or past employees because of a negative reference check, more than 30 states have adopted immunity laws. Maryland adopted such a law to protect employers in the state.

The Law

Maryland law outlines guidelines for employers providing information on a prior employee. An employer will not be held liable for disclosing the reason an employee was terminated. The law specifies that an employer may discuss job performance. It also defines what constitutes malice or intent to disclose false information on an employee. In those cases, the employee may initiate a case if he can prove malice.

Effects

Employees must consider the types of questions typically asked in a reference check, such as evaluating management and technical ability, appraising relationships with management and co-workers, weaknesses, strengths, and whether this person would be rehired. If an employee does not have a good relationship with his boss, she should consider whether that person is a suitable reference. If not, perhaps another supervisor could be considered.

References

• Justia.com: Maryland Courts and Judicial Proceedings Section 5-423
• Directory M: Employee Protection Maryland