Is it defamation if a former employer discusses the reasons for termination at the request of a lawyer?

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The situation described involves a former employer discussing reasons for an employee's termination at the request of a lawyer, which indicates that this conversation is likely happening in a context where privilege and consent come into play.

In general, for a statement to be considered defamatory, it must be made without consent and must not fall within a privileged context. Since the employer is voluntarily discussing the termination reasons at the lawyer's request, it implies the employee has consented, either explicitly or implicitly, to this discussion. Because of this consent, the employer is not at risk of being held liable for defamation as long as they are not speaking with malicious intent or making false statements.

Discussions that occur under the guidance of legal counsel are often protected by legal privileges, further shielding the employer from potential defamation claims. Thus, the primary reason why this situation does not constitute defamation is due to the consent aspect involved in the communication. This allows the former employer to share their views regarding the termination without facing liability for defamation.

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