0
Can a employee sue a former employer for defamation of character?
Wiki User
∙ 15y ago
Yes, but the employee must prove defamation, libel or slander, which means basically proving the defamation is untrue. It happens more frequently than many workers realize, and a few successful actions might deter less pleasant former employers from interfering with the lives and livelihood of others simply out of malice or spite. A problem in this kind of situation is that, as with maliciously-intended untruthful gossip in general, the person whose character is being attacked often doesn't get to hear about it for a long time, if at all, because people who indulge in defamation usually couch their lies in such terms that those who might otherwise approach the victim to ask, is this true? are too embarrassed or afraid to do so. This doesn't usually stop them passing on juicy bits of gossip, though, so even so-called friends can work in the malicious person's favour, unfortunately!
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Under what circumstance can employee sue a former employer as it relates to the provision of a reference?
When the employees believes that the reference provided by the employer was not true and resulted in defamation of the employee
Under what circumstances can an employee sue a former employer as it relates to the provision of a reference?
When the employees believes that the reference provided by the employer was not true and resulted in defamation of the employee
Can an employer lie about the reason an employee was fired to a prospective employer?
Here in the States, potential employers are not allowed to ask how the former employment was terminated. They can only seek character references. No law prohibits employers from giving thorough info on former employees to anyone who inquires. Former employees have zero expectation of privacy regarding their work record, attendance, attitude, skill, or disciplines. EMployers who express no falsehoods about a former employee have zero liability for defamation.
If a hotel owner tells their guests why their employee was fired can that employer get sued for defamation of character?
It isn't a very smart thing for an employer, or ex-employer to do as far as customer relations are concerned, unless the information is couched in terms which don't identify the employee in any way; the employer could say, we're sorry there have been a few problems, but we've taken immediate steps to ensure it doesn't happen again. To do otherwise simply reflects badly on the workplace and management. If the hotel owner is lying to guests about the reasons for firing an employee, and either naming the employee or making it clear who they're talking about, there could well be a case for defamation. You'd have to prove defamation exists. The relevant union might be the former employee's first place of reference, or legal aid. Privacy legislation, as well as industrial law, would also be involved here.
Can an employer in New York refuse to verify employment of a former employee?
Yes, they can. But the best way to handle this is for the previous employer to accurately state the exact dates of employment only. This is, unfortunately, the only defense a previous employer has against a defamation lawsuit in the event any false or even inaccurate information is disseminated by the employer. Many larger companies are actually paying outsourced agencies to handle this issue due to increased defamation lawsuits. Even though many states have specific laws allowing candid, explanatory and useful information about a previous employee to be used, if truthful, those laws do NOT protect the previous employer from a defamation lawsuit initiation by the former employee at any time, whether it is a plausible lawsuit or not. The best thing you can do as an individual is to procure a letter of reference from you previous employer prior to your departure from that job. Then, the next employer has only to verify that the reference is valid from the previous employer. As an employer myself, I can tell you that a complete information refusal from a previous employer throws out a big red flag about the applicant, so if you've done bad at your last job, you might want to specify arguable issues and the nature of the problem you had with the employer on your application. If the previous employer was a smaller company, I would also be concerned about verification of just dates employed, as this indicates an unwillingness to go into detail about the applicant, another big red flag.
When a former employer says She wasnt a good fit To a prospective employer Can that be considered slander or defamation of characher?
No. "She wasn't a good fit, because all our other employees aren't total skanks or drugged-out thieves" would be slander or defamation of character. "She wasn't a good fit", full stop, is pretty neutral.
What can an old employer say to a new employer about an employee if there is only negative issues with the employee?
Former employers can only inform present or future employees of the salary that was being paid, title, job description, and duration of employment. Any other information that you share may be grounds for a law suit. I would say, just be glad that employee is someone elses problem now. The previous answer is just groundless. An employer can say anything factual about a former employee, with no liability for defamation: "We fired Pat after an investigation", "Pat failed the apprentice exam", "Pat had three unexcused absences the last week here", "Pat was in jail for a week and missed work". You can PAY a lawyer to sue the employer for giving valid facts about you from its files. Every court will dismiss the case; it is not defamation to report the facts to someone with a need to know (the prospective employer).
Can your former employer say you were fired?
Legally no, the worse thing a previous employer can say is "I have no comment on that person"It is a common fallacy that a previous employer cannot divulge that the employee was fired. It is not illegal for the previous employer to state the employee was fired and in most cases the reason for the firing, as long as it is a true statement. What a previous employer cannot do is make such accusations as the employee was fired for theft or other criminal act unless that employee has been charged and found guilty of the offense.Addition:You will have to check the laws in your state, but in general there is no law against an employer giving information about you including that you were fired. In general this is a bad practice since it opens an employer up to a lawsuit for defamation if the employer gave out false information that damaged you, i.e. prevented you from getting a job. Also, some information is considered defamatory per se such as accusing you of a crime. But truth is also always a defense to any defamation lawsuit.Yes.Most employers will not do this to avoid defamation of character suits something that may be interpreted differently by another party or by stating something that may not be true.A vast majority of employers will give dates of employment and position held even with your signed release.
Can a previous employer cause former employee not to get a job?
Passively, yes. If a potential employer wants a letter of recommendation from a former employer, and the former employer knows the ex-employee is a hopeless loser or an outright crook, they will write a letter of "recommendation" that will say in effect: "So-and-so worked for us from this date until that date and was found to be 'satisfactory' ". That is the kiss of death. And the former employer has covered themselves, because they said - in print - the employee had been 'satisfactory'.
What information is a past employer supposed to give to a potential employer?
Absolutely anything it wishes to say. Former employers SHOULD stick to facts, but no defamation law requires that.
What do a former employee mean?
A former employee is a person who used to work for the company but no longer do. This includes those that were let go or that quit on their own.
Can you ask a former employer how much an employee received in 401K matching or profit sharing or employer contribution?
a fatty
