Georgia References laws & HR compliance analysis

Georgia References: What you need to know

Reference checks are a useful way for employers to gather information about applicants that might not be discovered through the application and interview process. However, despite the usefulness of reference checking, many employers are legitimately concerned about lawsuits from former employees based on information provided in response to a request for a reference. This creates a quandary for employers.
Employers are also concerned about liability for the actions of employees where the company failed to conduct a thorough reference check. Georgia, like many states, has recognized the tort of negligent hiring (Harvey Freeman & Sons, Inc. v. Stanley, 259 Ga. 233 (S.E.2d 857 (1989)). Employers may be liable for intentional or negligent acts of an employee if they knew or should have known of an employee's dangerous propensities. Therefore, employers should be diligent in conducting reference and background checks on new employees, particularly when the job involves contact with the public.
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To deal with employers' reluctance to provide information about former employees, a number of states have enacted laws “immunizing” employers against employee claims over such disclosures. The immunity laws generally provide protection from claims by former employees for defamation of character.
Georgia is among the states that have enacted reference immunity laws. Under Georgia law (Ga. Code § 34-1-4), employers and their authorized designees are immune from liability when they, in good faith, make factual disclosures at the request of a current or former employee, or any prospective new employer, about:
• Any act of the employee which would be a violation of state law
• The employee's ability or ...

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