Any employer or agent of the employer, who in writing, discloses information about the job performance of an employee or former employee to a prospective employer of that person at the written request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, may not be held liable for the disclosure or its consequences. Any written response to the written request shall be made available to the employee or the former employee upon written request. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or agent of the employer:
(1) Recklessly, knowingly, or with a malicious purpose, disclosed false or deliberately misleading information; or
(2) Disclosed information subject to a nondisclosure agreement or information that is confidential under any federal or state law.