South Dakota Codified Laws 60-4-12. Presumption of good faith disclosure of employment information to prospectiveemployers
Any employer or agent of the employer, who in writing, discloses information about the job performance of an employee or former employee to a prospective employer of that person at the written request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, may not be held liable for the disclosure or its consequences. Any written response to the written request shall be made available to the employee or the former employee upon written request. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or agent of the employer:
(1) Recklessly, knowingly, or with a malicious purpose, disclosed false or deliberately misleading information; or
Terms Used In South Dakota Codified Laws 60-4-12
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) Disclosed information subject to a nondisclosure agreement or information that is confidential under any federal or state law.
Source: SL 1996, ch 301.