West Virginia Code § 55-7-18a

Employer immunity from liability; disclosure of information regarding
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former employees.
(a) Any employer or his or her designated agent who discloses job-related information that
may be reasonably considered adverse about a former or current employee to a prospective
employer of the former or current employee is presumed to be acting in good faith and is
immune from civil liability for the disclosure or its consequences: Provided, eThat the
disclosure of such information pursuant to this subsection shall be in writing and a copy of
any such disclosure shall be provided to the former or current employere at the time of
disclosure.
(b) For the purposes of this section, the presumption of good faith is rebutted upon a
showing, by a preponderance of the evidence, that the informtation disclosed was:
(1) Knowingly false;
(2) Disclosed with reckless disregard for the truth;l
(3) Deliberately misleading;
(4) Rendered with malicious purpose toward the former or current employee; or
(5) Disclosed in violation of a nondisclosure agreement or applicable law.
(c) For purposes of this section, "job-related information" means information concerning a
person's education, trainLing, experience, qualifications, conduct and job performance which
is offered for the purpose of providing criteria to evaluate the person's suitability for
employment.
(d) If an employer disclosed job-related information to a prospective employer of a former or
current employee that was false or misleading, and if the current or former employee
reqWuests, then the employer shall give corrected information to every person or entity that is
in the employer's records as having received the original information, with a copy thereof to
the former or current employee.

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