50-1-105 - Providing employee information to prospective employers Good faith. - Tennessee Statutes

50-1-105. Providing employee information to prospective employers Good faith.

Any employer that, upon request by a prospective employer or a current or former employee, provides truthful, fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith and is granted a qualified immunity for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was:

     (1)  Knowingly false;

     (2)  Deliberately misleading;

     (3)  Disclosed for a malicious purpose;

     (4)  Disclosed in reckless disregard for its falsity or defamatory nature; or

     (5)  Violative of the current or former employee's civil rights pursuant to current employment discrimination laws.

[Acts 1995, ch. 422, § 1.]