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

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: Knowingly false; Deliberately misleading; Disclosed for a malicious purpose; Disclosed in reckless disregard for its falsity or defamatory nature; or Violative of the current or former employee's civil rights pursuant to current employment discrimination laws.