Final answer:
A manager who gives a false and harmful reference about a former employee could be accused of defamation, which includes both libel and slander. Defamation requires that the damaging information shared is not based on truths, differing from issues like privacy invasion or discrimination. Actual malice must be proved in cases involving public figures.
Step-by-step explanation:
A manager who gives a former employee a bad reference may be accused of defamation if the information is both false and harmful. Defamation includes both libel (written statements) and slander (spoken statements) that damage a person's reputation. It requires that the information shared is not only damaging but also untrue. Giving a bad reference that is based on factual experiences and performance evaluations, provided it is done in good faith, typically does not constitute defamation. However, if the reference includes false statements that harm the former employee's reputation or future employment opportunities, the former employee may have grounds to claim defamation.
In employment settings, defamation can lead to legal consequences. It's important for managers to avoid making discriminatory comments, bad mouthing former employees, or sharing private information without consent. Practices such as privacy invasion, adverse impact, and discrimination can also lead to legal concerns, but these are different from defamation. In the context of defamation law and public figures, the concept of "actual malice" must be considered, as defined by the U.S. Supreme Court, which requires that the statement is made with knowledge of its falsehood or with reckless disregard for the truth.