May an individual in Texas file a court claim against his or her former employer because of a bad job reference?
Author: Marta Moakley, XpertHR Legal Editor
Yes. A person may file a defamation claim against his or her former employer for giving a negative reference to a prospective employer. However, the employer has immunity from such claims (i.e., will succeed in defending against the former employee's lawsuit) unless (1) the employer knowingly supplied false information or (2) the employer recklessly or maliciously disclosed information about the former employee.