Although employers may be sued for defamation of character for providing derogatory information on a current or former employee, the truth of the information provided is usually a complete defense unless actual malice exists.

Question

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In defamation cases, truth is generally a complete defense, meaning if the employer provides true information about an employee, they typically cannot be successfully sued for defamation. However, if the employer acts with actual malice—knowingly providing false information or with reckless disregard for the truth—this defense may not apply.

Although Employers May Be Sued for Defamation of Character for Providing