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1996 SESSION
967705727Patrons-- Reasor, Goode, Howell, Norment, Quayle, Saslaw, Stolle and Trumbo; Delegates: Albo and Howell
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-46.1 as follows:
§ 8.01-46.1. Employer references; immunity.
Any employer of another, or any employee, agent or other representative of
such employer, who, in good faith, provides information about the job
performance, professional conduct or evaluation of a former or current employee
to a prospective employer of that employee, at the request of the prospective
employer [ of or ] that employee, shall be
immune from civil liability arising out of the disclosure unless it is shown by
clear and convincing evidence that the employer disclosed the information with
reckless disregard for its veracity, knowing that it was false or with intent
to mislead.
In a civil action brought against an employer for words written or spoken
relating to the job performance [ or conduct ,
professional conduct or evaluation ] of a current or former employee,
attorneys' fees may be awarded to [ any employer who
prevails the prevailing party. ]
2. That the provisions of this act shall apply to any cause of action accruing on or after July 1, 1996.