Jessica was a former employee of Mark. When potential employers called Mark for a reference about Jessica, he stated she was not a very good worker and had been fired for excessive absences. He said he had reason to believe Jessica was on drugs, but he wasn't absolutely certain. Jessica learned what Mark was saying and sued him. In most states:

a. though it was proper for Mark to talk about Jessica's work-related history, he should have refrained from talking about her potential drug use.
b. it was not proper for Mark to say what he said, since courts have consistently ruled that former employers should not give references over the telephone or in writing without the former employee's written authorization.
c. it was legal for Mark to say what he said, since courts have consistently ruled that former employers are immune from lawsuits for giving references.
d. under the qualified privilege rule, it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will.