Public policy encourages a free flow of information among employers about potential employees, so the law carves an exception out of the law of workplace defamation for reference requests.
If the employer knows that the employee did not steal but says so anyways, the employer probably loses the privilege.
The employee must still prove that the statement caused damage, though.
Defamation at work requires publication of the false statement to a third party.As a result, supervisors do not defame employees by telling only them that they did something terrible even if, in fact, they did not. In a similar sense, if the supervisor told the Human Resources Director that the employee did something awful, when the employee did not, the supervisor still has not defamed the employee.“O God to whom all secret things belongeth, according to Deuteronomy and Jeremiah 33:3, Show me the secrets of my life, show me myself, show me beneficial secrets that would move my life forward and Break every bondage in my life Obtaining the template and master-plan from the Master-builder of our destinies brought an avalanche of dreams and they are still coming and demanding for divine interpretations.I just came across this 7-day programme by the MOUNTAIN OF FIRE & MIRACLES MINISTRIES (MFM) International Headquarters, Lagos.Thou shalt break them with a rod of iron; thou shalt dash them in pieces like a potter’s vessel.
Be wise now therefore, O ye kings: be instructed, ye judges of the earth.
The kings of the earth set themselves, and the rulers take counsel together, against the Lord, and against his anointed, saying, Let us break their bands asunder, and cast away their cords from us.
He that sitteth in the heavens shall laugh: the Lord shall have them in derision.
The "privilege" is a defense to a defamation claim.
An employer can, for example, respond to a reference request by stating that an employee "stole from us" and avoid a finding for defamation at work, even if wrong, as long as the employer did not act out of malice.
For all the employer knew, the drug test was accurate, and it had no reason to believe otherwise.