If the person alleging defamation is not mentioned by name, a valid case will exist if it is clear that he or she was the one being talked about and the statement was made to a third party. Damages do not have to be proved in all instances. Imputing to a person the commission of a criminal offense. In certain situations, such as in court proceedings and the employment context, people have an absolute or qualified privilege to make defamatory statements without legal consequences. For example, statements made about people by judges, witnesses, and lawyers during trials are absolutely privileged.
Employers have a qualified privilege to talk about former employees when giving job references.
However, this doesn't mean that an employer can talk maliciously about a former employee and tell untruths in an attempt to embarrass and scuttle future job opportunities. To avoid problems, think first before disclosing private information concerning others. For employers, potentially damaging information in performance reviews and comments to prospective employers should be reviewed by a supervisor. Avoid having damaging memos about a person read by nonessential third parties. In many states, such as Connecticut, any dissemination of private employment data to prospective employers other than the dates of employment, position held, and latest salary figures is illegal.