Defamation
of character
When
someone lies about you to another person, that's
called "defamation of character". Spoken lies
are called "slander" and written or printed lies
are called "libel".
If
your former employer tells lies about you that damage
your career, you might be able to sue for money
damages.
How
can I show that I was defamed?
Each
state has its own defamation of character laws.
Generally, though, if your employer is spreading
lies about you that damage your career (e.g., by
causing you to lose a future job), you might have
a lawsuit for defamation.
Your
case will be stronger (and you might recover "punitive
damages") if you can show that your employer acted
"maliciously". If someone heard your employer say
something like "I'm going to say whatever I need
to make sure she never works in this town again,"
you've probably got a much stronger case.
You
may sue for defamation only if your former employer
made a statement of fact, not opinion. If he tells
someone that you were "a lousy worker," that's just
his opinion. But if your boss tells someone that
you "stole money from the company," that is a specific
fact statement that might allow you to sue for defamation.
What
if the statement was true?
If the statement was true, you will lose your defamation
of character lawsuit. So think carefully before
you sue. If there is a trial, the employer might
try to show that the statement was true - further
damaging your reputation.
Job
references and defamation
What
if your former employer told lies to another company
that asked for a job reference?
False
statements of fact could give rise to a suit for
defamation, particularly if these lies cause the
new employer to refuse to hire you.
To
avoid this problem, some employers have adopted
a policy of giving out only your dates of employment.
If you need more
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