Tenn. Code Ann. § 50-1-105

Providing employee information to prospective employers — Good faith

Applied in 2 court decisions — leading case Gonsalves v. Nissan Motor Corp. in Hawai'i, Ltd. (2002)

Most recently applied in Gonsalves v. Nissan Motor Corp. in Hawai'i, Ltd. (December 2002)

Acts 1995, ch. 422, § 1.

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.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.