Under what condition may an employer avoid a claim of defamation when providing an employment reference?

An employer may avoid a claim of defamation in several scenarios when providing an employment reference. Each of the provided conditions offers a valid defense against a defamation claim.

Sharing truthful information is a foundational principle in defamation law. If the information disclosed about an employee is accurate and can be substantiated, that protects the employer from liability. Employers must ensure that any statements made during the reference process are factually correct and reflect true events.

When an employer provides only dates of employment and a job title, it demonstrates a minimalistic approach to sharing information, further reducing the risk of defamation. This type of information is generally viewed as neutral and less likely to harm the employee’s reputation.

Additionally, obtaining written authorization from the employee to disclose specific personnel information provides another layer of protection. This consent allows the employer to share pertinent details without fear of legal repercussions, as the employee has opted in to this process.

Since each of these conditions contributes to the avoidance of defamation claims, the most comprehensive and correct answer is that all of the listed options contribute to an employer's protection from defamation in their reference practices.