Maine Revised Statutes Title 26 Sec. 598 – Employment reference immunity

Current as of: 2023 | Check for updates | Other versions

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Terms Used In Maine Revised Statutes Title 26 Sec. 598

Employee: means every person who may be permitted, required or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment;

[PL 1985, c. See Maine Revised Statutes Title 26 Sec. 591

Employer: means an individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy and any common carrier by rail, motor, water, air or express company doing business in or operating within the State; and

[PL 2011, c. See Maine Revised Statutes Title 26 Sec. 591

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

An employer who discloses information about a former employee‘s job performance or work record to a prospective employer 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 such disclosure or its consequences. Clear and convincing evidence of lack of good faith means evidence that clearly shows the knowing disclosure, with malicious intent, of false or deliberately misleading information. This section is supplemental to and not in derogation of any claims available to the former employee that exist under state law and any protections that are already afforded employers under state law. [PL 1995, c. 335, §1 (NEW).]

SECTION HISTORY

PL 1995, c. 335, §1 (NEW).

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