A former employer will often make false statements about you, which can lead to a defamation lawsuit. You may be entitled to damages for both your financial losses and emotional distress if you have been defamed because defamation is a personal injury. Even punitive damages may be awarded to an injured party to punish the employer for its wrongdoing. You will only get your money if you win the case, and proving defamation can be challenging. Here is how to sue your former employer for defamation.
How Does Defamation Work?
Defamation usually occurs when somebody purposefully makes a false remark that causes damage to a person. Slander is when a comment is made orally; libel is when a comment is made in writing.
When a previous boss is approached for a recommendation, defamation allegations can emerge after the employment relationship has ended. In this scenario, the employee argues that a previous employer provided a fraudulent reference or made another remark that harmed the employee’s reputation and/or hindered his or her ability to find new employment. The misleading statement usually refers to the grounds for the employee’s dismissal or the quality of the employee’s work.
How to Establish Defamation?
Each state has different laws governing what an employee must prove in order to win a defamation suit. To persuade a judge or jury, the employee must, however, show the following five things:
- The employer misrepresented an employee’s qualifications. A defamation claim cannot be based on an opinion. Truth cannot be defamed, no matter how hurtful it may be.
- Employer “publicized” statement. Essentially, the employer has to express the statement. It is recognized by some states that “self-publication” meets this requirement. False statements are self-published when an employer makes them directly to an employee, who then relays them to others.
- It was obvious to the employer that the statement was false. Employers who believe their statement was true, in good faith, are not liable for defamation. Defamation claims may be supported, however, if the employer acts recklessly – by repeating an unsubstantiated and damaging rumor without finding out more about it.
- The statement was not protected under the law. In particular relationships, many states emphasize the need for candor and clear dialogue. Comments made in these situations are confidential, which means the speaker is immune from accountability for expressing them. For comments given for the purpose of providing an employment recommendation to a potential employer, many states recognize a qualified privilege — which covers the speaker as long as he or she acts without malice.
- The employee was harmed as a result of the statements. Some remarks are deemed defamatory “per se,” which implies the law assumes the statement is derogatory. Many states consider assertions somebody has committed a crime or lacks the required qualifications for their chosen trade or business to be defamatory in and of itself.
Litigation for Defamation
If you believe your previous employer has defamed you, you should speak with an employment lawyer to see if your claim is worth considering. It can be difficult to win these lawsuits. Because the real misbehavior usually takes place in a private conversation that you’re not aware of, proving a defamatory statement was made can be difficult.
You must also prove that the incorrect statement was the basis you were denied new employment. You’ll also have to show hostility on the side of the employer in states that enable employers to claim a privilege for remarks made as part of a recommendation.
Collect any evidence you have before meeting with a lawyer to discuss your case. If you have received an employment agreement or other evidence that you might be offered a new job before your prospective company cut you off?
Was there anything you heard from the prospective employer that made you suspicious? An employment attorney in Los Angeles can use legal tools to gather evidence about who said what to whom, but you need to be prepared to explain why you believe your former employer slandered you.