34-42-1. Employer references -- Civil liability -- Rebuttable presumption --
Common law.
(1) An employer who in good faith provides information about the job performance,
professional conduct, or evaluation of a former or current employee to a prospective employer of
that employee, at the request of the prospective employer of that employee, may not be held
civilly liable for the disclosure or the consequences of providing the information.
(2) There is a rebuttable presumption that an employer is acting in good faith when the
employer provides information about the job performance, professional conduct, or evaluation of
a former or current employee to a prospective employer of that employee, at the request of the
prospective employer of that employee.
(3) The presumption of good faith is rebuttable only upon showing by clear and
convincing evidence that the employer disclosed the information with actual malice or with intent
to mislead.
(4) For purposes of this section "actual malice" means knowledge that the information
was false or reckless disregard of whether the information was false.
(5) This section does not alter any privileges that exist under common law.
Enacted by Chapter 346, 1995 General Session
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Last revised: Thursday, May 28, 2009