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Introduced Version Senate Bill 490 History

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sb490 intr
Senate Bill No. 490

(By Senators Jenkins and Sharpe)

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[Introduced March 9, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-18A, relating to providing employer immunity for disclosure of information regarding former employees; and providing that information provided is presumed to be in good faith.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-18A, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-18A. Employer immunity from liability; disclosure of information regarding former employees.

(a) Any employer or his or her agent who discloses job-related information about a former or current employee to a prospective employer of the former or current employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for the disclosure or its consequences. For the purpose of this section, the presumption of good faith is rebutted upon a showing that the information disclosed by the former employer or his or her agent was knowingly false, disclosed with reckless disregard for the truth, deliberately misleading, was rendered with malicious purpose of the former or current employee, or was disclosed in violation of a nondisclosure agreement or applicable law.



NOTE: The purpose of this bill is to provide employer immunity from civil liability for job related information disclosed regarding former employees.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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