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The law assumes, however, that some statements cause harm to reputation, by the very nature of the statement.Statements that reflect upon one's character in a manner that will cause ridicule, hatred, contempt, or injury to trade or profession, if proven, are defamation per se, and do not require proof of actual damages.An employer has a qualified privilege to make statements about its employees concerning matters of their employment, especially when made in response to another employer's request for a reference.The "privilege" is a defense to a defamation claim.
The qualified privilege protects employers from verdicts for false and harmful references, as long as the employer did not act with malice when it made the false reference.
For example, an employer that informs an employee assistance program that a truck driver tested positive for heroin use is not liable for defamation if the positive test was false because the employee did not tell the drug testing lab that he was taking prescribed Vicodin.
For all the employer knew, the drug test was accurate, and it had no reason to believe otherwise.
Accusations of serious crimes or immoral conduct constitute defamation per se.
Slander refers to defamation when spoken, and libel means written defamation.