Wisconsin Statutes 895.487 – Civil liability exemption; employment references
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 895.487
- 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.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) In this section:
(a) “Employee” has the meaning given in s. 101.01 (3) and also includes a former employee.
(b) “Employer” has the meaning given in s. 101.01 (4).
(c) “Reference” means a statement about an employee’s job performance or qualifications for employment and includes a statement about an employee’s job performance or qualifications for employment provided pursuant to the settlement of a dispute between the employer and employee or provided pursuant to an agreement between the employer and employee relating to the termination of the employee’s employment.
(2) An employer who, on the request of an employee or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the employer knowingly provided false information in the reference, that the employer made the reference maliciously or that the employer made the reference in violation of s. 111.322.