9.5 Employer Liability for Referral Communications

What is defamation in the context of an employment referral?

-A communicated false statement which harms the reputation of the former employee

Negligent Referral Example

-California court adresses the case of educator dismissed alegations of sexual misconduct held that "the writer of a letter of recommendation owes to third persons a duty not to misrepresent the facts in describing the qualifications and character of a former employee, if making these misrepresentations would present a substantial, foreseeable risk of physical injury to the third persons."

Which of the following is not a main tort that arises from former employee references?

-Discrimination

In a ____________ referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee's claims of discrimination or acts of whistleblowing.

-Retaliation

Which of the following is a main tort that arises from former employee references?

-Retaliation -Defamation -Negligent referral

_____ is an absolute defense against defamation claims.

-Truth

Negligent referral

-a claim in which an employer has provided an untrue reference that omits info about an employee's dangerous or criminal behavior -employer held liable

Defamation

-communicating false statements that harm a person's reputation -could be interpreted as false

Three main torts that arise in the former employee reference context

-defamation -retaliation -negligent referral

Burden is on the former employer to prove that the statement or info was

-false

T/F: In cases where a former employee is a danger to others, a "no comment" or limited information referral will shield a former employer from liability.

-false

The presumption is rebutted by showing the employer knowingly provided

-false info that disregarded the truth

Retaliation Referral Claim

-former employee show the negative referral provided by the former employer was in response to an employee's claims of discrimination or acts of whistle blowing

US supreme court held that the term "employees" as used in the retaliation section of Title VII extends to

-former employees

States have presumption that an employer responding to a referrence request is acting in

-good faith and is immune from tort liability from false info provided

In cases where the former employee is a danger to others a "no comment" or limited info referral will not

-shield a former employer from liability

Employers are hesitant to provide detailed referrences about former employees due to the risk of

-tort liability

An abolute defense to defamation claims

-truth -privledge