When workers seek new jobs, prospective employers may call their current or former employers. The point of this process is usually to validate a worker’s employment history and credentials. Employers have the right to disclose when a worker had a job at the company and what position they held.
Occasionally, those providing employment history information to other companies across the line. Instead of providing accurate, neutral information, they speak with malice about the former employee. Depending on the circumstances, the worker affected may have grounds for a claim of defamation.
What constitutes defamation?
Defamation is more than just a negative statement. It is an untrue statement intended to harm another party. Making unsubstantiated claims about a worker’s intelligence, work ethic or disciplinary issues could constitute defamation. Personal attacks during a simple employment history verification call could also constitute defamation.
Perhaps the manager or human resources professional had a strained relationship with the professional who needed to validate their employment. Maybe there is organizational concern about a worker with insider knowledge taking a job with a competitor.
Especially in scenarios where the information provided becomes the deciding factor regarding whether an employee receives a job opportunity or not, they may have grounds to take legal action against their former employer. While communications about verifying employment are usually confidential and subject to protection, that protection disappears in cases involving malicious statements.
Reviewing a former employer’s conduct with an attorney can help frustrated workers explore their options. A defamation lawsuit is sometimes possible when untrue, negative statements cost a worker a new job or promotion.