State Job Reference Immunity Laws by Garen E. Dodge, Esq.
Every employer faces the problem.
A request is made for a job reference for a former employee whose performance was at least in part unsatisfactory. Each alternative carries some downside legal risk. By providing negative information about the ex-employee, you face a possible risk of suit for defamation and possibly even invasion of the right of privacy. While the truthfulness of the information provided is generally a defense to such an action, negative information about ex-employees is sometimes exaggerated and often is difficult to prove. In any event, most employers believe it is not worth the risk of a lawsuit, and as a result, their policy is not to provide such information.