Bill Text: MA H1453 | 2009-2010 | 186th General Court | Introduced
Bill Title: Protect employers from frivolous litigation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 1/28 at 1:00 PM in Hearing Room A1 [H1453 Detail]
Download: Massachusetts-2009-H1453-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Bradley H. Jones, Jr.
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act protecting employers from frivolous litigation.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Viriato Manuel deMacedo |
1st Plymouth |
|
Bradley H. Jones, Jr. |
20th Middlesex |
|
George N. Peterson, Jr. |
9th Worcester |
|
Elizabeth Poirier |
14th Bristol |
|
Paul K. Frost |
7th Worcester |
|
Susan Williams Gifford |
2nd Plymouth |
|
Bradford R. Hill |
4th Essex |
|
Jeffrey Davis Perry |
5th Barnstable |
|
Richard J. Ross |
9th Norfolk |
|
Todd M. Smola |
1st Hampden |
|
Robert S. Hargraves |
1st Middlesex |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act 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 2006 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.
