• In the early part of the 1990’s, Allstate had a policy to not give any letters of recommendation for former employees. However, when Calden applied …show more content…
Also, the fact that Calden was caught with a gun in his briefcase at work. Reference issues had taken on new importance, with the increased workplace violence. Former employers are liable for negligent misrepresentation or negligent referral, if the employee is involved in an incident that could have been avoided by the knowledge from the former employer. Defamation is the most common cause of action that is used by former employees to challenge a reference given by former employers. General defamation is termed as unprivileged publication of false statements. The most common of defamation defense is qualified privilege means that the employer acted in good faith, and believed that the statement was true when spoken. This information has been extended to post employment references. However, the qualified privilege is not a defense, the former employers know the information is false. It is always ethical to say the truth, and when a former employer leaves out pertinent information or falsifies information for a reference is definitively not