Providing Employee Information to Prospective Employers — Good Faith

1. Law
2. Tennessee Code
3. Employer and Employee
4. Employment Relationship and Practices
5. Hiring Practices
6. 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.

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