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defamation waivers

Kelly A. Vaverek


Subject Business and Management » Human Resource Management, International Management


Extract

Defamation waivers are a form of waiver that prevent an individual from suing an employer who provides a defamatory employment recommendation. A defamatory statement is one “sufficient to lower the (individual) in the estimation of the community or to deter third parties from associating or dealing with (him)” ( American Law Institute, 1965: section 559 ). While the truth of the statement is a complete defense to defamation, some employers have adopted a “no comment” policy or merely confirm dates and location of employment for reference checks rather than risk a lawsuit. Others use defamation waivers to insulate themselves from liability. American Law Institute ( 1965 ). Restatement of Torts , 2nd edn. St. Paul, MN : American Law Institute . ( 1993 ). Defamation in the employment setting . Tennessee Bar Journal , 29 , 18 – 24 . ... log in or subscribe to read full text

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