Ben Jackson had worked for his employer as an economist for 2.5 years when he was terminated on a “without cause” basis. At that time, he asked his former employer, Stockwell, to be one of his references. Stockwell agreed, thinking he could speak positively about Ben’s technical skills. However, when Stockwell was contacted by a prospective employer several months later, the interview focused on Ben’s interpersonal skills and Stockwell told them honestly that Ben was not really a team player and that no, he would not rehire Ben if given the opportunity. When the prospective employer, who had previously told Ben that he was the top-ranked candidate, advised him he would not be offered the position after all due to his negative reference, Ben sued Stockwell for defamation. 

 Did the employer’s statements constitute defamation?

Explain why or why not. Words: 100 b) If so, how could Stockwell defend himself?

Answer rating: 100% (QA)

a Defamation Consideration The employers statements may constitute defamation if they are false dama... View the full answer