Reference Check Immunity

It is often difficult for employer to obtain a meaningful reference from the former employer of a candidate because most employers will simply provide the “name, rank and serial number” of their former employees. In California, however, communications between former and prospective employers are privileged and the former employer would be protected from liability for defamation. The Civil Code even allows current and/or former employers to answer, if asked, whether the employer would rehire a current or former employee.