2018 Tennessee Code
Title 50 - Employer and Employee
Chapter 1 - Employment Relationship and Practices
Part 1 - Hiring Practices
§ 50-1-105. Providing employee information to prospective employers -- Good faith.

Universal Citation: TN Code § 50-1-105 (2018)
  • 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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