Legal Question in Employment Law in Ohio
What information is legal to provide during phone verifications regarding a former employee?
Asked on 10/15/09, 5:12 pm
1 Answer from Attorneys
Neil Klingshirn
Fortney & Klingshirn
Your question asks, I believe, in legal terms, whether a former employer who provides information to a prospective employer is liable for defamation. If the information is true, the answer is no, the former employer will not be liable for defamation. If the information is false, the answer is a bit more complicated, since an employer has a limited defense to defamation claims arising out of reference checks. Here is an article that provides a full answer:
http://www.myemploymentlawyer.com/wiki/Defamation-by-an-Employer.htm
Answered on 10/28/09, 10:58 am