What Legal Remedy is Open to me for Employment-Related Defamation?

What Legal Remedy is Open to me for Employment-Related Defamation?

While defamation laws differ from one state to the next, in general you can sue an ex-employer if he/she makes statements that are false about you which adversely impact your career. If you are able to prove that this was done intentionally and with malice, your case becomes that much stronger. This is what is known as a defamation lawsuit which is considered a personal injury, and for which, apart from financial losses, you could be awarded damages. You might even be entitled to punitive damages as a punishment to the employer for the harm done to you. But that's only if you are able to prove your case conclusively, which in many defamation cases is hard to do.

On Paper or a Screen

Defamation is an intentional falsehood which causes harm to another. When this is made orally it is known as slander, but when the falsehood is consigned to a written statement it becomes libel.

Bridges Burned

Most defamation claims arise when a person has left a job and the previous employer has been asked to provide a reference. The employee might contend that because of maliciousness the earlier employer made a false and damaging statement which not merely ruined the employee's reputation, but affected the employee's chances of securing fresh employment. Such false statements could relate to the performance of the employee or reasons why the employee's services were terminated.

Hard to Prove

The challenge in a defamation lawsuit is being able to prove it. Again laws differ between states but in general, to win a defamation case an employee would need to prove: That the statement was decisively false, and not one of opinion That the statement was published, that is, actually conveyed to another person That the employer made the statement knowing it to be false. If in good faith the employer believed it to be true, then there is no case for defamation. But if the employer recklessly disregarded the truth by repeating something disparaging without verifying its authenticity, this might be construed as defamation. The statement caused actual harm to the employee. In some states certain statements are deemed defamatory "per se". In such cases the law presumes the statement to be harmful and it is not incumbent on the employee to prove it.

Your Evaluation

If you feel you have been wronged by a defamatory statement made by an ex-employer, then consult an employment lawyer to determine if you have a defamation case worth pursuing.

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