Legal Question in Employment Law in New York

In general, employment references are protected from liability for defamation by a conditional privilege. This privilege is intended to encourage open communication between former and potential employers. In other words, an employer should be able to obtain information from a former employer about a candidate's prior experience and working relationships. Unless the former employer abused the privilege, it is not likely that you would prevail in suing for defamation. A statement that you were "not loyal," on its own, will probably not be deemed abuse of the conditional privilege. However, there are several elements that must be met in order to establish a defamation claim. If you believe you have been subjected to defamatory statements, you should contact an attorney.