Critically evaluate, in relation to the common law duty of care, the Essay - 4

Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, doe - Essay Example Similarly, former employers may tend to show mercy on their employees in certain dishonest acts worth mentioning to the future employers, and this risks the operation failure or dishonesty of another organization or employer. These factors put the former employers at a risk of been held liable for a kind of defamation. In one way, the employers can provide certain information to the prospective employer, but may also avoid producing a lot of information that may prevent the employee from new employment. The chances are that the employers limit their information to evade exposure to defamation, or potential lawsuits that may cost them heavily (McCord, 1999). The employer is obliged to the duty of care to the prospective employers, upon injury or misfortune related to falsified information over a certain employee’s reference. The same case applies to the employee when his or her effort for job search is not successful, due to offensive referential allegations from the former emp loyer. ... Below, several sources touching on privacy, retaliation, and arising from negligent and defamation cases of employers’ liabilities for references under various Acts are discussed. Liability for Defamation Employees can sue their former employers for release of disparaging statements, either orally or written that have can indirectly or directly lead to harm on their reputation, despite the high efforts to revise the Defamation Act, whose original version claimed defamation to consist of unprivileged publication of falsified information and derogatory issues, either actionable disregarding the special harm or its legal cause (Bally, 1989). That is, when the communication occurs, and it has a defamatory meaning, the third party who can be the prospective employer or the public is swayed away by the damaging reputation. According to Mac Kelly, a defamatory statement is that which tends to harm the reputation of another individual, and that lowers him in the society’s view, and prevents third persons from dealing or associating with the individual in subject (2001). However, with the increased technology that furthers globalization, information can travel very fast to different destinations, which increases the chances of spreading defamatory statements in a click of a button, let alone the oral statements. The English Law classifies defamatory statements into two; libel and slander, implying those recorded and that demonstrate a degree of permanence, and those orally made without justification respectively (out-law.com, 2008). The claim of the employee is left to the court to determine and interpret the statement in the context which it was made. It needs to evaluate the surrounding circumstances, audience, employer’s argument, and subject of the communication