Negative Employment References Receive Greater Protection
The Connecticut Supreme Court recently held that employers furnishing negative references will not be subject to liability for defamation, unless their statements were made with malice. Miron v. Univ. of New Haven Police Dept., Conn. Supreme Court, SC 17596 (Sept. 25, 2007). Susan Miron worked as a police officer at the University of New Haven. While employed by the University she applied for a position with the Glastonbury and Enfield police departments. As part of the application process she consented to having the University provide employment references to her prospective employers.
University officers stated that Ms. Miron had attendance problems, her skills were marginal at best, and that she was not ready to work for a regular police department. Despite the negative references, plaintiff was hired by the Enfield department; however, she was discharged for performance three months later. She then sued the University, and the officers who supplied the references, for defamation claiming the negative references colored Enfield’s perceptions and contributed to her termination.
Although truth is an absolute defense to a defamation claim, employment references often involve perceptions of performance that are not always easy to categorize as true or false. As a result, employers frequently refrain from providing anything more than dates of employment, title, and final compensation. In expressing its concern about this “culture of silence” the Court ruled that employers enjoy a qualified privilege to provide defamatory references, provided the statements are made with the consent of the employee, and are not made with malice. Malicious statements are those made with ill will, a desire to injure, or with actual knowledge or reckless disregard of the truth.
While this ruling expands the scope of protection for employers, such protection will only be available if written consent is obtained before providing a reference, and any negative statements are based on a reasonable assessment of performance, and without a motive to injure.
