A manager provides a favourable reference about a past employee who worked very well for her. This employee was then let go by his next employer for theft. The manager who provided the reference would be protected by the qualified privilege doctrine.

Question

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The qualified privilege doctrine applies to communications made in good faith and with a legitimate purpose, such as providing a reference. As long as the manager had no knowledge of the employee's theft and provided the reference in good faith based on their past performance, they would be protected by qualified privilege. However, if the manager knew about the theft and still provided a favourable reference, they could potentially be held liable for aiding and abetting the employee's fraudulent conduct.

A Manager Provides a Favourable Reference About a Past Employee