What constitutes defamation?

[toneman]

What is the name of your state (only U.S. law)? PA

When former employers are saying bad things about me in reference checks, what exactly constitutes defamation, slander, libel, whatever; as far as illegally? What exactly can I sue them over them saying? What type of proof do I need of them saying these things?

 

[tranquility]

Generally it is a false and defamatory statement related to others. The key problem element in something like you are asking about is the falsity of the statement. If it's true, they can say it. If it's an opinion, they can generally say it. (But, this gets hard very fast.)

What is being said about you? Is it arguably true?

 

[Proserpina]

What is the name of your state (only U.S. law)? PA

When former employers are saying bad things about me in reference checks, what exactly constitutes defamation, slander, libel, whatever; as far as illegally? What exactly can I sue them over them saying? What type of proof do I need of them saying these things?

What falsehoods are being told?

 

[cbg]

Most if not all states have laws that protect employers from being sued for what they say in reference checks unless what they say is demonstrably false. They are allowed to say what is true, even if negative; they are allowed to provide their honest opinion.

If you think you did the best possible job on the Johnson account, but the employer thought you threw it together at the last minute and should have been better, they're allowed to say that you did a poor job on the Johnson account. If you were late three days a week, they're allowed to say that you were late three days a week. But if you quit to go to a better position, they're not allowed to say that you were fired for stealing.