State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-539_12

§1‑539.12.  Immunity from civil liability for employers disclosinginformation.

(a)        An employer whodiscloses information about a current or former employee's job history or jobperformance to a prospective employer of the current or former employee upon requestof the prospective employer or upon request of the current or former employeeis immune from civil liability and is not liable in civil damages for thedisclosure or any consequences of the disclosure. This immunity shall not applywhen a claimant shows by a preponderance of the evidence both of the following:

(1)        The informationdisclosed by the current or former employer was false.

(2)        The employerproviding the information knew or reasonably should have known that theinformation was false.

(b)        For purposes ofthis section, "job performance" includes:

(1)        The suitability ofthe employee for re‑employment;

(2)        The employee'sskills, abilities, and traits as they may relate to suitability for futureemployment; and

(3)        In the case of aformer employee, the reason for the employee's separation.

(c)        The provisions ofthis section apply to any employee, agent, or other representative of thecurrent or former employer who is authorized to provide and who providesinformation in accordance with the provisions of this section. For the purposesof this section, "employer" also includes a job placement service butdoes not include a private personnel service as defined in G.S. 95‑47.1or a job listing service as defined in G.S. 95‑47.19 except as providedhereinafter. The provisions of this section apply to a private personnelservice as defined in G.S, 95‑47.1 and a job listing service as definedin G.S. 95‑47.19 only to the extent that the service conveys informationderived from credit reports, court records, educational records, andinformation furnished to it by the employee or prior employers and the serviceidentifies the source of the information.

(d)        This section doesnot affect any privileges or immunities from civil liability established byanother section of the General Statutes or available at common law. (1997‑478,s. 1.)