Wash. Rev. Code » Title 4 · Chapter 4.24
Revised Code of Washington

Wash. Rev. Code § 4.24.730 (2026)

Liability immunity—Disclosure of employee information to prospective employer

✓ current as of May 2026
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(1) An employer who discloses information about a former or current employee to a prospective employer, or employment agency as defined by RCW 49.60.040, at the specific request of that individual employer or employment agency, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information 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 the duties of his or her job.
(2) The employer should retain a written record of the identity of the person or entity to which information is disclosed under this section for a minimum of two years from the date of disclosure. The employee or former employee has a right to inspect any such written record upon request and any such written record shall become part of the employee's personnel file, subject to the provisions of chapter 49.12 RCW.
(3) For the purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false, deliberately misleading, or made with reckless disregard for the truth.
[ 2005 c 103 s 1.]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2014–2022 · leading case: Davis v. Cox, 325 P.3d 255 (Wash. Ct. App. 2014).
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Davis v. Cox, 325 P.3d 255 (Wash. Ct. App. 2014). “See RCW 4.24.730(3) (presumption of good faith for employer’s disclosure of employee information rebuttable only on showing of “clear and convincing evidence”); RCW 5.”
Davis v. Port Angeles Sch. Dist. (W.D. Wash. 2022). · cites it 5× “1 Finally, Defendants argue that the R&R erred in disregarding the affirmative 2 defense under RCW 4.24.730. Defendants are correct that the R&R failed to consider this 3 argument, and the Court will consider it for the first time here.”
Donald Loen v. Snohomish Cnty., 667 F. App'x 645 (9th Cir. 2016). “See Wash. Rev. Code § 4.24.730 (conferring qualified immunity to former or current employers who disclose background information to prospective employers of law enforcement officers).”
Kent L. & Linda Davis v. Grace Cox (Wash. Ct. App. 2014). “See RCW 4.24.730(3) (presumption of good faith for employer's disclosure of employee information rebuttable only on showing of "clearand convincing evidence"); RCW 5.”
Ted Stiles v. Dave Molnaa (Wash. Ct. App. 2014). “§§ 151-169 , preempts plaintiffs cause of action; (2) that a blanket release exonerates them from liability; and (3) that RCW 4.24.730, which provides qualified immunity to a former employer responding to a job reference, insulates them from liability.”
— Wash. Rev. Code § 4.24.730(1) — 1 case
Davis v. Port Angeles Sch. Dist. (W.D. Wash. 2022). “1 Finally, Defendants argue that the R&R erred in disregarding the affirmative 2 defense under RCW 4.24.730. Defendants are correct that the R&R failed to consider this 3 argument, and the Court will consider it for the first time here.”
— Wash. Rev. Code § 4.24.730(3) — 3 cases
Davis v. Cox, 325 P.3d 255 (Wash. Ct. App. 2014). “See RCW 4.24.730(3) (presumption of good faith for employer’s disclosure of employee information rebuttable only on showing of “clear and convincing evidence”); RCW 5.”
Davis v. Port Angeles Sch. Dist. (W.D. Wash. 2022). “1 Finally, Defendants argue that the R&R erred in disregarding the affirmative 2 defense under RCW 4.24.730. Defendants are correct that the R&R failed to consider this 3 argument, and the Court will consider it for the first time here.”
Kent L. & Linda Davis v. Grace Cox (Wash. Ct. App. 2014). “See RCW 4.24.730(3) (presumption of good faith for employer's disclosure of employee information rebuttable only on showing of "clearand convincing evidence"); RCW 5.”
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