Question juridique clé
Whether the employer breached Art. 328 CO by giving false post-employment references
Solution extraite
Yes. The statement that the employee had lost a mobbing lawsuit was false and manifestly deprecatory, so the employer violated the duty to protect personality.
Motifs extraits
An employer may give references and criticisms only if they are truthful and not unnecessarily insulting. False and harmful references to third parties after termination remain actionable.