Legal Question in Employment Law in Oregon

Re: Negative or false information on a job reference

When a person or entity gives false information, which tends to hold the subject up to ridicule within the community, or which imputes the subject in his, her, or its business or employment, a defamation claim may be possible. Many privileges exist to a defamation claim, including a communication on a matter of common concern. Those privileges for the most part are �qualified privileges,� which means they apply only when the communication is made in good faith and not spread around beyond the scope of what is necessary for the privilege.

Another claim of potential relevance is the tort of �intentional interference in prospective economic relations.� This occurs when a third party to a potential economic relationship, i.e., the former client, intentionally tries to interfere with the new contract between the firm and new client. To establish such a claim, one must establish that the interfering party used improper means (which could be false statements) or acted with an improper purpose (which could be revenge, for example), and that the prospective economic relationship was in fact damaged (though it need not be destroyed).

In either case, one needs professional legal advice to evaluate these claims in light of the specific facts and circumstances involved. Consult an attorney.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.