SENATE BILL NO. 271
INTRODUCED BY M. TAYLOR, D. GRIMES, D. BERRY, W. CRISMORE, B. DEPRATU, G. DEVLIN,
P. EKEGREN, B. GLASER, L. GROSFIELD, T. KEATING, B. KEENAN, D. MAHLUM, G. MASOLO,
W. MCNUTT, A. MOHL, M. SPRAGUE, F. THOMAS, J. WELLS
AN ACT PROVIDING LIMITS ON LIABILITY FOR EMPLOYERS WHO DISCLOSE INFORMATION ABOUT A FORMER OR CURRENT EMPLOYEE'S EMPLOYMENT-RELATED PERFORMANCE TO A PROSPECTIVE EMPLOYER; PROVIDING THAT AN EMPLOYER'S ANSWER TO A REQUEST FROM A DISCHARGED EMPLOYEE FOR THE REASONS FOR DISCHARGE MAY NOT LIMIT THE EMPLOYER'S RIGHT TO PRESENT A FULL DEFENSE IN ANY WRONGFUL DISCHARGE ACTION; AMENDING SECTION 39-2-801, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Limits on liability of nonpublic employer who discloses employment information. A nonpublic employer who discloses information about a former or current employee's employment-related performance to a prospective employer of the employee upon request of the prospective employer or former or current employee is not liable for civil damages for the disclosure or any consequences related to the disclosure unless the employer knowingly, purposely, or negligently disclosed information that was false. For the purposes of this section, the definitions of knowingly, purposely, and negligently are those contained in 45-2-101.
Section 2. Section 39-2-801, MCA, is amended to read:
"39-2-801. Employee to be furnished on demand with reason for discharge. (1) It is the duty of
any person after having discharged any employee from his service, upon demand by such the
discharged employee, to furnish him the discharged employee in writing a full, succinct, and complete
statement of the reason of his reasons for the discharge. and Except as provided in subsection (3), if
such the person refuses so to do so within a reasonable time after such the demand, it is unlawful
thereafter for such the person to furnish any statement of the reason reasons of such for the discharge to
any person or in any way to blacklist or to prevent such the discharged person from procuring
employment elsewhere, subject to the penalties and damages prescribed in this part.
(2) A written demand under this part must advise the person who discharged the employee of the possibility that the statements may be used in litigation.
(3) A response to the demand may be modified at any time and may not limit a person's ability to present a full defense in any action brought by the discharged employee. Failure to provide a response as required under subsection (1) may not limit a person's ability to present a full defense in any action brought by the discharged employee."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1].
Section 4. Effective date -- applicability. [This act] is effective on passage and approval and applies to employment-related information disclosed on or after [the effective date of this act].
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Latest Version of SB 271 (SB0271.ENR)
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