[§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.