Tennessee Statutes

§ 50-1-105 — Providing employee information to prospective employers - Good faith

Tennessee·Title 50

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.

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Related

Sullivan v. Baptist Memorial Hospital
995 S.W.2d 569 (Tennessee Supreme Court, 1999)
129 case citations
Claybrook v. Sunoco GP LLC (TV2)
(E.D. Tennessee, 2023)
Sullivan v. Baptist Memorial Hospital
(Court of Appeals of Tennessee, 1999)

Legislative History

Acts 1995, ch. 422, § 1.

Nearby Sections

15
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