By Mr. Jones of North Reading, petition (accompanied by bill, House, No. 254) of Bradley H. Jones, Jr., and others relative to the protection of employers from frivolous litigation.  Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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PETITION OF:

Bradley H. Jones, Jr.

Mary S. Rogeness

George N. Peterson, Jr.

John A. Lepper

Viriato Manuel deMacedo

Paul K. Frost

Elizabeth A. Poirier

Robert S. Hargraves

Karyn E. Polito

Susan Williams Gifford

Richard J. Ross

Jeffrey Davis Perry

Donald F. Humason, Jr.

Todd M. Smola

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In the Year Two Thousand and Seven.

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An Act relative to protecting employers from frivolous litigation.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Chapter 149 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 52C the following new section:—

Section 52C½. An employer or duly authorized agent of said employer who provides or otherwise discloses information about a former employee’s job performance or work record to a prospective employer or duly authorized agent is presumed to be acting in good faith and, unless lack of good faith is demonstrated 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 shall be evidence that clearly shows the knowing disclosure, with malicious intent, of false or deliberately misleading information.