New Mexico Statutes 58-25-1. Financial institutions; reference
A. A financial institution may provide a written employment reference in response to the request of another financial institution for that information if a copy of that reference is mailed to the last known address of the applicant for employment. A financial institution shall not be liable in a civil action for providing an employment reference in accordance with the requirements of this section unless there is proof by clear and convincing evidence that the information in that reference is false and that the financial institution had actual knowledge of its falsity.
Terms Used In New Mexico Statutes 58-25-1
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- 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.
B. As used in this section:
(1) “employment reference” means a written statement of the involvement or suspected involvement by the applicant for employment in a theft, embezzlement, misappropriation or violation of financial institution’s laws or regulations which has been reported to federal authorities pursuant to federal financial institution’s regulations; and
(2) “financial institution” means a New Mexico bank, savings and loan association or credit union or an employee of that bank, savings and loan association or credit union.