Michigan Laws 423.452 – Disclosure of information relating to employee’s job performance; immunity; exception
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An employer may disclose to an employee or that individual’s prospective employer information relating to the individual’s job performance that is documented in the individual’s personnel file upon the request of the individual or his or her prospective employer. An employer who discloses information under this section in good faith is immune from civil liability for the disclosure. An employer is presumed to be acting in good faith at the time of a disclosure under this section unless a preponderance of the evidence establishes 1 or more of the following:
(a) That the employer knew the information disclosed was false or misleading.
Terms Used In Michigan Laws 423.452
- Employee: means an individual who as a volunteer or for compensation provides an employer with his or her labor. See Michigan Laws 423.451
- Employer: means a person who employs an individual for compensation or who supervises an individual providing labor as a volunteer. See Michigan Laws 423.451
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Prospective employer: means a person to whom an employee or former employee has submitted an application for employment. See Michigan Laws 423.451
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Statute: A law passed by a legislature.
(b) That the employer disclosed the information with a reckless disregard for the truth.
(c) That the disclosure was specifically prohibited by a state or federal statute.