Defamation

The law prohibits employers from lying or making false accusations about their employees to other companies or people. If an employee’s reputation is damaged as a result, he or she may be able to sue the employer for defamation. Defamation may occur where a manager makes false statements about an employee in front of co-workers, or where an employer provides false information to a potential employer seeking a reference.

Not all false statements made by employers about employees are prohibited. When giving references, it is not enough for your former employer to give false information. The person giving the reference must also have reason to believe the information is false, or give the information with the purpose of hurting your job opportunity. Your current or former employer is also entitled to give a poor opinion about you when asked for a reference, as long as that opinion is not based on information known to be false. Finally, you will also not have a claim for defamation if your employer makes an honest mistake, such as looking at the wrong employee file or sending false information by accident.

Some examples of defamation are:

1. Your boss tells everyone at work that you did something wrong, like stealing from the company, even though you did not.
2. You are looking for a new job, and your current or former employer tells your potential employer things about you that are not true, or that are only half true, and that are damaging to you.
3. You are looking for a new job, and your current or former employer tries to sabotage your job search by circulating false rumors about you to potential employers.
4. Your employer gives some other person or company false information about you, and refuses to correct the information when you ask.
5. Your employer disciplines or terminates you for reasons that are not true, and you have to share those reasons when you interview for other employment.

Nichols Kaster & Anderson, PLLP has litigation experience in many types of cases, including defamation. If you think you may become involved in litigation with your employer, feel free to contact us.