When requested to provide a reference on a former or current employee, an employer acting in good faith is immune from liability for comments about the former employee's job performance. The immunity shall not apply when the reference information supplied was knowingly false or deliberately misleading, was rendered with malicious purpose or violated any civil rights of the former employee.
§ 50-12-1 NMSA 1978
Employer immunity from liability for references on former employee
Applied in 1 court decision — leading case Brock v. Presbyterian Healthcare Services, Inc. (2007)
Most recently applied in Brock v. Presbyterian Healthcare Services, Inc. (March 2007)
Laws 1995, ch. 152, § 1.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.