Human Resources Certification Institute (HRCI) Practice Exam

Under which of the following conditions may an employer avoid a claim of defamation when providing an employment reference for a former employee?

1. When the information shared is truthful

2. When the employer provides only dates of employment and a job title

3. When the employer has received written authorization from the employee to disclose personnel information

4. All of the above

The correct answer is: All of the above

An employer can avoid a claim of defamation when providing a reference for a former employee under several key conditions. Sharing truthful information is fundamental, as defamation claims typically hinge on the accuracy of the information provided. If the information shared is factual, the employer is within their rights and protected from potential legal action. Moreover, providing only dates of employment and job titles is often a common practice that minimizes potential for defamation claims. This type of information is generally seen as neutral and is less likely to be disputed by the former employee, reducing the risk of a claim. Additionally, when an employer has received written authorization from the former employee to disclose personnel information, this further establishes protection. Authorization serves to indicate the former employee's consent to share specific information, eliminating any argument that false or misleading information has been supplied. Thus, when considering all these factors, the combination of truthful information, limited scope of data shared, and authorization from the employee collectively establishes a strong defense against defamation claims, making this the correct choice.