[§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 by revisor.