State Codes and Statutes
Statutes > Texas > Labor-code > Title-3-employer-employee-relations > Chapter-103-disclosure-by-employer-of-information-regarding-certain-employees-or-former-employees
LABOR CODE
TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
CHAPTER 103. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING
CERTAIN EMPLOYEES OR FORMER EMPLOYEES
Sec. 103.001. PURPOSE; LEGISLATIVE FINDING. The legislature
finds that the disclosure by an employer of truthful information
regarding a current or former employee protects employment
relationships and benefits the public welfare. It is the intent
of the legislature that an employer who makes a disclosure based
on information obtained by the employer that any employer would
reasonably believe to be true should be immune from civil
liability for that disclosure.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.002. DEFINITIONS. In this chapter:
(1) "Employee" means a person who performs services for an
employer, whether or not for compensation.
(2) "Employer" means a person who has one or more employees or
other individuals who perform services under a contract of hire
or service, whether expressed or implied, or oral or written.
(3) "Job performance" means the manner in which an employee
performs a position of employment and includes an analysis of the
employee's attendance at work, attitudes, effort, knowledge,
behaviors, and skills.
(4) "Prospective employee" means any person who has made an
application, either oral or written, or has sent a resume or
other correspondence indicating an interest in employment.
(5) "Prospective employer" means an employer to whom a
prospective employee has made an application, either oral or
written, or sent a resume or other correspondence expressing an
interest in employment.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.003. AUTHORIZED DISCLOSURE; APPLICATION TO CERTAIN
EMPLOYEES. (a) An employer may disclose information about a
current or former employee's job performance to a prospective
employer of the current or former employee on the request of the
prospective employer or the employee.
(b) An employer may not disclose information about a licensed
nurse or licensed vocational nurse that relates to conduct that
is protected under Section 301.352 or 303.005, Occupations Code.
The employer must provide an affected nurse an opportunity to
submit a statement of reasonable length to the employer to
establish the application of Section 301.352 or 303.005,
Occupations Code.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.818,
eff. Sept. 1, 2001.
Sec. 103.004. IMMUNITY FROM CIVIL LIABILITY; EMPLOYER
REPRESENTATIVES. (a) An employer who discloses information
about a current or former employee under Section 103.003 is
immune from civil liability for that disclosure or any damages
proximately caused by that disclosure unless it is proven by
clear and convincing evidence that the information disclosed was
known by that employer to be false at the time the disclosure was
made or that the disclosure was made with malice or in reckless
disregard for the truth or falsity of the information disclosed.
For purposes of this subsection, "known" means actual knowledge
based on information relating to the employee, including any
information maintained in a file by the employer on that
employee.
(b) This chapter applies to a managerial employee or other
representative of the employer who is authorized to provide and
who provides information in accordance with this chapter in the
same manner that it applies to an employer.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.005. EMPLOYMENT REFERENCE. This chapter does not
require an employer to provide an employment reference to or
about a current or former employee.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
State Codes and Statutes
Statutes > Texas > Labor-code > Title-3-employer-employee-relations > Chapter-103-disclosure-by-employer-of-information-regarding-certain-employees-or-former-employees
LABOR CODE
TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
CHAPTER 103. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING
CERTAIN EMPLOYEES OR FORMER EMPLOYEES
Sec. 103.001. PURPOSE; LEGISLATIVE FINDING. The legislature
finds that the disclosure by an employer of truthful information
regarding a current or former employee protects employment
relationships and benefits the public welfare. It is the intent
of the legislature that an employer who makes a disclosure based
on information obtained by the employer that any employer would
reasonably believe to be true should be immune from civil
liability for that disclosure.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.002. DEFINITIONS. In this chapter:
(1) "Employee" means a person who performs services for an
employer, whether or not for compensation.
(2) "Employer" means a person who has one or more employees or
other individuals who perform services under a contract of hire
or service, whether expressed or implied, or oral or written.
(3) "Job performance" means the manner in which an employee
performs a position of employment and includes an analysis of the
employee's attendance at work, attitudes, effort, knowledge,
behaviors, and skills.
(4) "Prospective employee" means any person who has made an
application, either oral or written, or has sent a resume or
other correspondence indicating an interest in employment.
(5) "Prospective employer" means an employer to whom a
prospective employee has made an application, either oral or
written, or sent a resume or other correspondence expressing an
interest in employment.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.003. AUTHORIZED DISCLOSURE; APPLICATION TO CERTAIN
EMPLOYEES. (a) An employer may disclose information about a
current or former employee's job performance to a prospective
employer of the current or former employee on the request of the
prospective employer or the employee.
(b) An employer may not disclose information about a licensed
nurse or licensed vocational nurse that relates to conduct that
is protected under Section 301.352 or 303.005, Occupations Code.
The employer must provide an affected nurse an opportunity to
submit a statement of reasonable length to the employer to
establish the application of Section 301.352 or 303.005,
Occupations Code.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.818,
eff. Sept. 1, 2001.
Sec. 103.004. IMMUNITY FROM CIVIL LIABILITY; EMPLOYER
REPRESENTATIVES. (a) An employer who discloses information
about a current or former employee under Section 103.003 is
immune from civil liability for that disclosure or any damages
proximately caused by that disclosure unless it is proven by
clear and convincing evidence that the information disclosed was
known by that employer to be false at the time the disclosure was
made or that the disclosure was made with malice or in reckless
disregard for the truth or falsity of the information disclosed.
For purposes of this subsection, "known" means actual knowledge
based on information relating to the employee, including any
information maintained in a file by the employer on that
employee.
(b) This chapter applies to a managerial employee or other
representative of the employer who is authorized to provide and
who provides information in accordance with this chapter in the
same manner that it applies to an employer.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.005. EMPLOYMENT REFERENCE. This chapter does not
require an employer to provide an employment reference to or
about a current or former employee.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
State Codes and Statutes
Statutes >
Texas >
Labor-code >
Title-3-employer-employee-relations >
Chapter-103-disclosure-by-employer-of-information-regarding-certain-employees-or-former-employees LABOR CODE
TITLE 3. EMPLOYER-EMPLOYEE RELATIONS
CHAPTER 103. DISCLOSURE BY EMPLOYER OF INFORMATION REGARDING
CERTAIN EMPLOYEES OR FORMER EMPLOYEES
Sec. 103.001. PURPOSE; LEGISLATIVE FINDING. The legislature
finds that the disclosure by an employer of truthful information
regarding a current or former employee protects employment
relationships and benefits the public welfare. It is the intent
of the legislature that an employer who makes a disclosure based
on information obtained by the employer that any employer would
reasonably believe to be true should be immune from civil
liability for that disclosure.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.002. DEFINITIONS. In this chapter:
(1) "Employee" means a person who performs services for an
employer, whether or not for compensation.
(2) "Employer" means a person who has one or more employees or
other individuals who perform services under a contract of hire
or service, whether expressed or implied, or oral or written.
(3) "Job performance" means the manner in which an employee
performs a position of employment and includes an analysis of the
employee's attendance at work, attitudes, effort, knowledge,
behaviors, and skills.
(4) "Prospective employee" means any person who has made an
application, either oral or written, or has sent a resume or
other correspondence indicating an interest in employment.
(5) "Prospective employer" means an employer to whom a
prospective employee has made an application, either oral or
written, or sent a resume or other correspondence expressing an
interest in employment.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.003. AUTHORIZED DISCLOSURE; APPLICATION TO CERTAIN
EMPLOYEES. (a) An employer may disclose information about a
current or former employee's job performance to a prospective
employer of the current or former employee on the request of the
prospective employer or the employee.
(b) An employer may not disclose information about a licensed
nurse or licensed vocational nurse that relates to conduct that
is protected under Section 301.352 or 303.005, Occupations Code.
The employer must provide an affected nurse an opportunity to
submit a statement of reasonable length to the employer to
establish the application of Section 301.352 or 303.005,
Occupations Code.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.818,
eff. Sept. 1, 2001.
Sec. 103.004. IMMUNITY FROM CIVIL LIABILITY; EMPLOYER
REPRESENTATIVES. (a) An employer who discloses information
about a current or former employee under Section 103.003 is
immune from civil liability for that disclosure or any damages
proximately caused by that disclosure unless it is proven by
clear and convincing evidence that the information disclosed was
known by that employer to be false at the time the disclosure was
made or that the disclosure was made with malice or in reckless
disregard for the truth or falsity of the information disclosed.
For purposes of this subsection, "known" means actual knowledge
based on information relating to the employee, including any
information maintained in a file by the employer on that
employee.
(b) This chapter applies to a managerial employee or other
representative of the employer who is authorized to provide and
who provides information in accordance with this chapter in the
same manner that it applies to an employer.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Sec. 103.005. EMPLOYMENT REFERENCE. This chapter does not
require an employer to provide an employment reference to or
about a current or former employee.
Added by Acts 1999, 76th Leg., ch. 240, Sec. 1, eff. Sept. 1,
1999.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
