When a federal agency contractually agrees to provide an employee with a clean record, it precludes the agency's disclosure of contrary information. An employee or former employee need not show actual harm to establish that the agency's disclosure constituted a material breach. Doe v. Dept. of the Army, #CH-0752-08-0412-C-1, 2011 MSPB 45.
     Federal appeals court declines to enforce a "release" on an employment application form, because the defamatory statements allegedly were false and intentionally made. McQuirk v. Donnelley, #97-17174, 189 F.3d 793, 1999 U.S. App. Lexis 19708, 15 IER Cases (BNA) 769 (9th Cir.). [2000 FP 7]
     New Mexico appeals court allows a suit against the county because its jail officials recommended hiring an ex-officer, and omitted mention of misconduct which directly related the position he sought with the new employer. Davis v. Bd. of Cmsnrs. of Dona Ana Co., 127 N.M. 785, 987 P.2d 1172, 1999 N.M. App. Lexis 79, 15 IER Cases (BNA) 741, 1999 N.M.C.A. 110. [2000 FP 8]
     California Supreme Court holds that a governmental entity can be civilly liable for negligently providing letters of recommendation on an unfit employee. Randi W. v. Muroc Sch. Dist., 41 Cal.App.4th 400, 929 P.2d 582, 1997 Cal. 1996 Lexis 10, 12 IER Cases (BNA) 673. [1997 FP 38]
     Appel. court allows ex-employee to sue a former employer for breach of a separation agreement that limited the information the employer could provide a prospective employer. Resnik v. BC&BS Missouri, 912 S.W.2d 567, 11 IER Cases (BNA) 124, 1995 Mo.App. Lexis 1736. [1996 FP 41-2]
     Prior employer, of a man who shot fellow workers, settles a suit with the victims. Prior employer failed to disclose his propensities for violence. Jerner v. Allstate Insur. Co., Hillsborough Co., Fla., Cir. Ct. #93-09472, Nat.L.J. A-8 (8/21/95). [1996 FP 4]
     Federal appeals panel holds that liability waivers in job application forms protect former employers and superiors from damage claims. Cox v. Nasche, 70 F.3d 1030, 1995 U.S.App. Lexis 25015 (9th Cir.). [1996 FP 36]
     Maryland enacts law immunizing prior employer job references. 1996 Laws of Maryland Ch. 469 p. 2824-5; Article - Crts. and Judic. Proc. 5-399.7. [1996 FP 115]
     Illinois statute immunizes employers for providing information that they believe to be truthful, concerning a present or former employee's job performance, when made to prospective employers. 745 ILCS 46 (1996). {N/R}
     Rhode Island enacts law giving employers immunity from civil liability when providing truthful info. on the job performance of former employees. Bill 96-S 2521, 11 (21) IER Summary (BNA) 1 (8/27/96). {N/R}
     Agreement to let employee resign and not to give unfavorable recommendations is enforceable; $100,000 jury verdict ensued. Case was to be retried due to a trial error. Nadeau v. County of Ramsey, 277 N.W.2d 520 (Minn. 1979).
     Sheriff, as a former employer, was privileged to state his opinion of the applicant to a prospective employer. Introini v. Richland County, 9 IER Cases (BNA) 1149 (D.S.C. 1993). [1994 FP 163]
     Terminated officer could not sue for reputational injuries because stigmatizing information was put in his employment file. Even if untrue, prior employer actually must disclose derogatory accusations before a compensable injury occurs. Johnson v. Martin, 943 F.2d 15 (7th Cir. 1991). See also: Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074 (1976); Ratliff v. City of Milwaukee, 795 F.2d 612 (7th Cir. 1986). Brandt v. Bd. of Co-op Educ. Serv., 820 F.2d 41 (2nd Cir. 1987) holds to the contrary. [1992 FP 52]
     Former police officer awarded $1 million for allegedly false and defamatory ratings and opinions given to a prospective employer by the chief. Appellate court reverses because the plaintiff signed an unconditional release when she applied for the second position. Smith v. Holley, 827 S.W.2d 433, 7 IER Cases (BNA) 1102 (Tex.App. 1992). [1992 FP 166-7]
     Jury awards $993,408 to former employee for breach of an agreement not to release a negative job reference. Holton v. Lockheed Corp., Santa Clara Co. Super. Ct. #642082 (1/28/91).
     Prior employer hit with $185,000 judgment for adverse recommendation to ex-employee's prospective employer. Geyer v. Steinbronn, 506 A.2d 901 (Pa. Sup. 1986).