Louisiana Revised Statutes & Codes

La. Rev. Stat. § 6:4 (2026)

A.  A bank, savings and loan association, trust company, or credit union may provide to any other such financial institution a written employment reference which may include information reported to federal banking regulators pursuant to federal law and regulations involving a theft, embezzlement, misappropriation, or other defalcation.  Where the written employment reference contains such information and where a copy of the written employment reference is sent to the employee in question at the last known address of such employee, a bank, savings and loan association, trust company, or credit union shall not be liable for providing such an employment reference unless the information provided is false and the financial institution providing the false information does so with knowledge and malice.

✓ current as of May 2026
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§4.  Employment reference; release of certain information

A.  A bank, savings and loan association, trust company, or credit union may provide to any other such financial institution a written employment reference which may include information reported to federal banking regulators pursuant to federal law and regulations involving a theft, embezzlement, misappropriation, or other defalcation.  Where the written employment reference contains such information and where a copy of the written employment reference is sent to the employee in question at the last known address of such employee, a bank, savings and loan association, trust company, or credit union shall not be liable for providing such an employment reference unless the information provided is false and the financial institution providing the false information does so with knowledge and malice.

B.  The provisions in Subsection A of this Section are supplemental to and shall not preclude or limit a bank, savings and loan association, trust company, or credit union from being governed by the provisions of R.S. 23:291.

Acts 1989, No. 249, §1; Acts 2008, No. 124, §1.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1983–2024 · leading case: Smith v. Fortenberry (E.D. La. 2024).
Smith v. Fortenberry (E.D. La. 2024). “§ 6:4 n. 23 (2023-2024 ed.) (discussing potential theoretical inconsistencies requiring further scrutiny and analysis).”
Vial v. First Com. Corp., 564 F. Supp. 650 (E.D. La. 1983). “This particular transaction, involving the merger of a state bank into a national bank, is governed by federal laws. 12 U.S.C. § 215a. Under the applicable provision of this law it is contemplated that one of the banks will survive and will thereafter possess all of the rights,…”
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