[663-1.95 Employers' job reference immunity.] (a) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be acting in good faith and shall have a qualified immunity from civil liability for disclosing the information and for the consequences of the disclosure.

(b) The good faith presumption under subsection (a) shall be rebuttable upon a showing by a preponderance of the evidence that the information or opinion disclosed was:

(1) Knowingly false; or

(2) Knowingly misleading.

(c) Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378. [L 1998, c 182, 1]


Revision Note


Section heading renamed pursuant to 23G-15.



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