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Hiring Tools and Information
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Ohio Bill 44
OHIO H.B. 44 - On April 3, 1996, Governor George Voinovich signed House Bill 44 into law. This bill grants legal immunity to all previous employers for releasing information on a past employee who is being considered for another employment.
The law created a qualified immunity from civil liability for
employers in connection with job performance information provided
to prospective employers of current or former employees.
What does this mean? This means that any employer that provides
information on a current or former employees job performance is
not liable in damages in a civil action to that employee, the
prospective employer, or any other person for any harm sustained
as a proximate result of making the disclosure concerning past or
present job performance.
The employer is only liable if the plaintiff in a civil action
establishes either or both of the following:
- By a preponderance of evidence that the employer disclosed
particular information with the knowledge that it was false,
with the deliberate intent to mislead the prospective
employer or another person, in bad faith, or with malicious
purpose.
- By prepoderance of evidence that the disclosure of
particular information by the employer constitutes an
unlawful discriminatory practice described in Section
4112.02, 4112.021, or 4112.022 of the Ohio Revised Code.
Additional good news for the employer is that if the court
determines after the verdict of the jury is for the defendant
that the law suit was frivolous, it may order the defendant to pay
reasonable attorney fees and court cost for the defendant.
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