North Carolina HB 1283: Good Faith Immunity/Certain Employers.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 1283

Short Title: Good Faith Immunity/Certain Employers. (Public)
Sponsors: Representative Blackwood.
Referred to: Commerce, Small Business, and Entrepreneurship, if favorable, Judiciary I.
April 9, 2009
*H1283-v-1*
A BILL TO BE ENTITLED 1
AN ACT PROVIDING TO EMPLOYERS IMMUNITY AGAINST CLAIMS ASSERTED BY 2
PERSONS DISMISSED FROM EMPLOYMENT DUE TO THE PERSON'S LYING TO 3
THE EMPLOYER IN A SWORN STATEMENT ABOUT SOCIAL SECURITY 4
NUMBERS OR IMMIGRATION STATUS. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Chapter 1 of the General Statues is amended by adding a new Article 7
to read: 8
"Article 43F. 9
"Other Immunity. 10
"§ 1-539.27. Employer immunity in dismissal of employee for lying to employer about 11
social security numbers or immigration status. 12
(a) The following definitions apply in this section: 13
(1) Employee. – Any person who provides services or labor for an employer in 14
this State in exchange for remuneration. The term does not include 15
independent contractors. 16
(2) Employer. – Any person employing an employee. 17
(3) Federal work authorization program. – Any of the electronic verification of 18
work authorization programs operated (i) by the U.S. Department of 19
Homeland Security (Homeland Security) or any such equivalent program 20
operated by Homeland Security to verify information of newly hired 21
employees pursuant to the Immigration Reform and Control Act of 1986, 22
Public Law 99-603 or (ii) pursuant to the federal E-Verify program 23
described in section 401(b) of the Illegal Immigration Reform and 24
Immigration Responsibility Act of 1996 (8 U.S.C. § 1324a note). 25
(4) Social security number verification service. – The program administered by 26
the Social Security Administration to verify the social security numbers of 27
workers, or any of its successor programs. 28
(b) An employer who in good faith dismisses an employee from employment because 29
the employee lied to the employer in a sworn statement given in connection with the 30
employee's contesting a tentative nonconformation from a federal work authorization program 31
or social security number verification service is immune from civil liability and is not liable in 32
civil damages, personally or otherwise, to the former employee for any damages arising out of 33
the dismissal. This immunity shall not apply if the employer acted in bad faith. 34
(c) Immunity pursuant to this section is in addition to any other protections or rights of 35
the employer under the law." 36

General Assembly of North Carolina Session 2009
Page 2 House Bill 1283-First Edition
SECTION 2. This act becomes effective October 1, 2009, and applies to acts or 1
omissions occurring on or after that date. 2