Assignment Task: Ben had worked for the El Boca Grande newspaper as an economist for 2.5 years when he was terminated on a "without cause" basis. At that time, he asked his former employer, Stockwell, to be one of his references. Stockwell agreed, thinking he could speak positively about Ben's technical skills. However, when Stockwell was contacted by Janet Salamanca, a prospective employer several months later, the interview focused on Ben's interpersonal skills and Stockwell told her honestly that Ben was not really a team player and that no, he would not rehire Ben if given the opportunity. When Janet, who had previously told Ben that he was the top-ranked candidate, advised him he would not be offered the position after all due to his negative reference, Ben sued Stockwell for defamation.
1. Did the employer's statements constitute defamation?
2. If so, did the employer have a valid defense?