“An employer who is provides information pertaining to job performance for a prospective employer of an employee is not liable in damages in a civil action to that employee, prospective employer, or any other person harmed as a proximate result of making the disclosure. O.R.C. §4113.71. The only exception is if the plaintiff can prove:
(1) That the employer disclosure 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; and
(2) That the disclosure of particular information by the employer constitutes an unlawful discriminatory practice.
The plaintiff must prove the two elements above by the preponderance of the evidence.”
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Our author, Paul L. Bittner, is a partner and vice chair of Ice Miller LLP’s Labor and Employment Group. He practices in labor and employment law. He achieved the highest rating in the Martindale-Hubbell Law Directory. Mr. Bittner is a member of the Wage and Hour Defense Institute, providing counsel to employers on all aspects of wage and hour compliance.
Agenda
Faculty
Paul L. Bittner
Ice Miller LLP
- Partner and vice chair of Ice Miller LLP’s Labor and Employment Group
- Practices in labor and employment law
- Achieved the highest rating in the Martindale-Hubbell Law Directory
- The Best Lawyers in America, Labor and Employment Law, 2010 to 2016
- Ohio Super Lawyers, 2009, 2012 to 2015; Rising Star, 2005 to 2007
- Super Lawyers Corporate Counsel Edition®, 2009, 2010
- Member of the Wage and Hour Defense Institute, providing counsel to employers on all aspects of wage and hour compliance
- J.D. degree, The Ohio State University Moritz College of Law; B.A. degree, Capital University
- Can be contacted at 614-462-2228 or [email protected]
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