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An employer may avoid a finding of defamation if it exercised reasonable care when it made the false statement.

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.

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I manage a territory of distributors for a large corporation.Public policy encourages a free flow of information among employers about potential employees, so the law carves an exception out of the law of workplace defamation for reference requests.If the employer knows that the employee did not steal but says so anyways, the employer probably loses the privilege.For example, saying that detectives are questioning an employee about a suspected theft could imply that the employee is a suspected thief, or a witness to a theft.In that case, the court can conclude that the statement meant the employee was a witness and find that the statement is innocent.

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