If a human resources representative offers a limited positive reference for a former employee who was fired for assault, what legal risk may arise?

When a human resources representative provides a limited positive reference for a former employee who was terminated for a serious issue such as assault, the potential legal risk primarily revolves around the concept of defamation. A positive reference, especially one that downplays misconduct, could mislead potential employers and lead to harm if the former employee engages in similar problematic behavior at a new job.

In this context, the risk of defamation emerges because if the information shared is considered false and damaging to the reputation of the former employee while also not being fully disclosed, it could lead to claims that the reference misrepresented the true situation. On the other hand, negligence could arise if the employer fails to exercise due diligence in providing accurate information and does not take into account the serious nature of the former employee's past misconduct. The distinction with the other options lies in recognizing that defamation laws protect reputational harm specifically and that the act of providing an insufficiently cautious reference could indeed invoke charges of negligence.

Thus, the emphasis on defamation and negligence captures the spectrum of potential legal risks. Providing a limited positive reference for someone with a history of serious misconduct can expose the employer to complications, and therefore, understanding the implications of each type of legal concern is essential for human resources professionals.