Defamation is a serious allegation that you may be able to make if you face trouble because of the way your employer speaks about you to others. For example, if you are wrongfully discharged from your job, you may be able to make a defamation claim, since the former employer likely made false claims to others about your position’s termination.
It’s becoming more common for people to blame former employers for being unable to find work, particularly if those employers give negative references to potential new employers. If that happens to you and the past employer was not being truthful, then you may be in a position to file a lawsuit for defamation.
What is a defamatory statement?
For a statement to be defamatory, the statement made by your past employer needs to have the potential to harm your good name and reputation. It doesn’t actually need to cause harm. In a case, the court looks at the statement and in which context it was made to determine if it was defamatory. The court will also consider the audience and under what circumstances the statement was made.
To be liable for the defamation, you’ll need to show that your employer published a defamatory statement. For example, writing an email with the defamatory statement could be enough to meet this criteria. In some cases, employers can be held liable for defamation if they terminate an employee based on defamatory evidence.
Defamation is a major problem that could impact your ability to work in the future. If your past employer is defaming your name, then it may be a good time to look into your legal rights.