Site: nolo.com
... If you are looking for a new job, you may be concerned about what your former employer will say to companies ... These employers are immune from liability (that is, they may not be sued) for providing reference information ... If a conditional privilege applies, the employer may not be sued unless it acts with malice, discloses ... permission to respond to prospective employers who call for a reference, and giving up your right to sue ... It may be worth giving up your legal right to sue in exchange for a reference that will help you land ...