1. How to Deal With Suspected Defamation in Virginia
First, in order to determine accurately what your past employer is doing to or saying
about you, you may want to use an independent non-biased reference checking service
for employees, such as, for example,
http://www.allisontaylor.com/reference_checking_services.asp or
http://checkyourreference.com/about-reference-checking-service/ or
http://www.checkmyreference.com/ among others.
Second, you will need to determine if the employer’s statements are protected from a
defamation claim under the qualified privilege defense.
In general, to maintain a defamation action in general, a person must show that
the information was false, that it was published to a third party, that there was
harm on account of the release of this false information, and that the statement
was made without adequate research into the truth or falsity of the statement.
Except for per se defamation (mentioned below), the person would also have to
show damages on account of the harm.
Employers, however, have a qualified privilege defense regarding alleged
defamation claims brought by employees; an employer is free to make a
statement about the activities of its employees arising out of their employment
and concerning matters of common business interest -- even if the employer is
proved wrong about his or her suspicion about the employee's alleged illegal
conduct. The employee may defeat this protection by proving that the employer
made the statement out of actual malice towards the employee. To show malice,
the employee must establish that the employer knew that the statement was
false or with acted with reckless disregard of its truth or falsity.
Also, the employer's qualified privilege defense does not shield him or her from
per se defamation. This form of defamation deals with bold statements that on
their face are false and defamatory, such as the employee is a thief (or has
engaged in other criminal conduct), has a loathsome disease, has an immoral
character among others. It is unnecessary for an employee who establishes a
per se form of defamation to prove damages.
Third, if according to the above, you find that the employer is abusing its qualified
privilege and/or otherwise acting outside of its protection, Virginia has a statute that
prevents employers from interfering with an employee's attempt to secure employment.
Virginia Code § 40.1-27 Preventing employment by others of former employee,
provides:
No person doing business in the Commonwealth, or any agent or attorney
of such person after having discharged any employee from the service of
such person or after any employee shall have voluntarily left the service of
such person shall willfully and maliciously prevent or attempt to prevent by

2. word or writing, directly or indirectly, such discharged employee or such
employee who has voluntarily left from obtaining employment with any other
person. For violation of this section the offender shall be guilty of a
misdemeanor and shall, on conviction thereof, be fined not less than $100 nor
more than $500. But this section shall not be construed as prohibiting any
person from giving on application for any other person a truthful statement
concerning the character, industry and ability of such person who has
voluntarily left.
This provision can be useful to you in preventing false information from being
disseminated about you in addition to maintaining a successful defamation claim.