Reference Checks

An employer is immune from liability for defamation, as long as the employer provides the information to a prospective employer who requests it and acts without malice. California Civil Code section 47(c) specifically states that this protection extends to statements about job performance, qualifications, and eligibility for rehire. An employer is protected if its statements are based on credible evidence and made without malice.

Source for Employment notes: Reference Checks by: Laura K. Sitar, Shareholder at Wroten & Associates.