• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Employer liability for defamation claims based on a reference

by on
in Employment Law,Human Resources

Q. Our company constantly receives calls from prospective employers requesting references for our former employees. Recently, one of our receptionists told an inquiring employer that a former employee was terminated for falsifying his expense reports. The former employee now has threatened to file a lawsuit against us for defamation. Do we have any exposure?

A.
Possibly. In Georgia, in order to establish a claim for defamation, a former employee must demonstrate, among other things, that the former employer published a false statement about him or her. Such communications are presumed to be privileged (and therefore not actionable), but this privilege is overcome by evidence of malice or bad faith on the employer’s part.

Likewise, oral defamation—slander—committed by an employer is generally not chargeable to the employer in the absence of evidence that the employer specifically directed the employee to make the defamatory statement in question.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/5387/employer-liability-for-defamation-claims-based-on-a-reference "

Leave a Comment