Can a former employer giving negative job references to prospective employers be sued for libel?
A. Generally, statements made by a former employer to inquiries from a prospective employer can be made without fear of being sued later. However, that protection is lost if there are any suggestions, inferences, innuendos, etc. that would lead a prospective employer to believe something misleading or untruthful about the employee. The difficulty is proving that the statements were inaccurate and wrong. Further, many human resources departments give only neutral references, such as the date the employee started, the date he/she left, and salary information.
