What You Need to Know About Suing a Former Employer for Slander
Some defamation lawsuits result in multi-million dollar verdicts and justice for the victim. Here’s everything you need to know about whether a party can sue a former employer for slander.
Courts do not favor defamation lawsuits, and the legal requirements to prove defamation can get complicated. However, one can still sue a former employer for defamation. Parties can win by proving defamation with five elements.
What is Defamation?
Defamation occurs when someone makes an intentionally false statement to harm another person. Two defamation types are libel and slander. Slander is oral or spoken defamation, while libel is defamation in writing.
Defamation in the Employment Context
If an employee claims their former employer gave a false reference, they believe their employer issued a statement damaging their reputation or hurting their chances of getting another job.
In most cases, an employer makes false statements about why they terminated an employee or the quality of the employee’s performance. Defamation claims likely arise after employment ends, and a person asks a former employer for a reference.
Can I Sue a Former Employer for Defamation?
Parties can sue their former employer for defamation. In a defamation lawsuit, parties may recover damages for their financial losses and emotional distress.
Related: How to Sue an Employer for Misclassification
Employer Liability for Employee Defamation
Courts can hold employers liable for defamatory statements made by supervisors, managers, and other employers within the scope of their employment.
Exceptions to liability include:
- Employer’s statements to co-workers,
- Co-workers’ statements, and
- Employers’ job references to other employers.
Proving Defamation in a Lawsuit
Proving defamation is tricky because an employee’s burden of proof differs by state.
Regardless of state, an employee must prove the following:
- Defamatory content,
- Publication,
- Reference to the plaintiff,
- Intent, and
- Harm.
Defamatory Content in Defamation Lawsuit
To prove the statement had defamatory content, the party must prove the employer made a false statement on their behalf.
A court does not consider an opinion as defamatory content. A defamatory statement must be one’s assertion of fact. An example of a defamatory statement is when an employer claims a party is stealing from the company.
Publication in Defamation Lawsuit
To provide publication in a defamation lawsuit, the party must prove the employer made the statement to someone other than the defamed. Proof can include an employer making a false statement about an employee to another supervisor.
Reference to Plaintiff in Defamation Lawsuit
To prove reference to the plaintiff, the party must prove the employer knew or should have known their statement was false.
Related: How to Sue an Employer for Breach of Confidentiality
The Intent in Defamation Lawsuit
A party must prove the statement was not privileged information between the employer and the party to prove intent.
An employer can use privilege as a defense in a defamation lawsuit. An absolute privilege completely absolves an employer of liability, regardless of whether they made their statement with ill intent toward a party.
Absolute privilege includes statements an employer makes during:
- Official proceedings,
- Arbitration proceedings,
- Legally required background checks, and
- Any other governmental proceedings.
A qualified privilege would protect an employer if they made their statement without ill intent toward the party.
Qualified privilege statements include:
- Evaluations or appraisals,
- Investigative reports,
- References,
- Counseling or warnings,
- Grievance adjustment discussion, and
- Discipline or discharge letters.
Harm in Defamation Lawsuit
To prove harm or damages, the employee must prove they suffered harm due to their employer’s statement. A harm resulting from defamation can include injury to one’s reputation.
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