§663-1.95 Employers' job reference immunity. (a) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be acting in good faith and shall have a qualified immunity from civil liability for disclosing the information and for the consequences of the disclosure.
(b) The good faith presumption under subsection (a) shall be rebuttable upon a showing by a preponderance of the evidence that the information or opinion disclosed was:
(1) Knowingly false; or
(2) Knowingly misleading.
(c) Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378. [L 1998, c 182, §1]
Revision Note
Section heading renamed pursuant to §23G-15.
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
663-1 Torts, who may sue and for what.
663-1.2 Tort liability for breach of contract; punitive damages.
663-1.3 "Ad damnum" clause prohibited.
663-1.4 Payment of reasonable attorney's fees and costs in defense of suit.
663-1.5 Exception to liability.
663-1.8 Chiropractic society; peer review committee; no liability; exceptions.
663-1.53 Liability for operation of a family child care home.
663-1.55 Volunteer firefighters; limited liability.
663-2 Defense of lawful detention.
663-4 Actions which survive death of wrongdoer or other person liable.
663-5 Death of defendant, continuance of action.
663-7 Survival of cause of action.
663-8 Damages, future earnings.
663-8.3 Loss or impairment of earning capacity; damages.
663-8.5 Noneconomic damages; defined.
663-8.7 Limitation on pain and suffering.
663-9 Liability of animal owners.
663-9.1 Exception of animal owners to civil liability.
663-9.5 Liability of firearm owners.
663-10 Collateral sources; protection for liens and rights of subrogation.
663-10.6 Exemption for providing shelter and subsistence to the needy.
663-10.9 Abolition of joint and several liability; exceptions.
663-10.95 Motorsports facilities; waiver of liability.
663-10.98 Design professional liability; highways.
663-10.99 Trespass; limited liability of agricultural land owner.
663-11 Joint tortfeasors defined.
663-12 Right of contribution; accrual; pro rata share.
663-13 Judgment against one tortfeasor.
663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement.
663-21 Advance payments not admission.