WAC 388-76-10173   Disclosure of employee information--Employer immunity--Rebuttable presumption.  (1) A provider of the following, who discloses information about a former or current employee to the prospective employer of the following, is presumed to act in good faith and is immune from civil and criminal liability for such disclosure or its consequences:

     (a) Boarding homes licensed under chapter 18.20 RCW;

     (b) Nursing homes licensed under chapter 18.51 RCW;

     (c) Adult family homes licensed under chapter 70.128 RCW;

     (d) An employer of a program authorized under RCW 71A.12.040(10); or

     (e) An in-home services agency employer of a program licensed under chapter 70.127 RCW.

     (2) The immunity provided in this section only applies if the disclosure relates to:

     (a) The employee's ability to perform his or her job;

     (b) The diligence, skill or reliability with which the employee carried out the duties of his or her job; or

     (c) Any illegal or wrongful act committed by the employee when related to his or her ability to care for a vulnerable adult.

     (3) For the purposes of this section:

     (a) The presumption of good faith may only be rebutted by a showing of clear and convincing evidence that the information disclosed by the provider was knowingly false or made with reckless disregard for the truth of the information disclosed.

     (b) Should the employee successfully rebut the presumption of good faith standard in court, the employee shall be entitled to recover reasonable attorneys' fees against the employer.



[Statutory Authority: RCW 70.128.040. 09-03-030, § 388-76-10173, filed 1/12/09, effective 2/12/09.]