While each state has different versions of the law, generally defamation protects individuals from others making false statements, either written or verbal, which hurt their reputations.  This cause of action is applicable to the employment setting and can occur when a former employer makes false and harmful statements to a prospective employer or even to an employee’s clients.

Defamation requires that these false statements are published and that the individual can prove damages unless the employee can prove defamation per se.  Defamation per se occurs where the statements fit a particular category, such as prejudicing a plaintiff in his profession or statements regarding the inability of an employee to perform his job, the damages are presumed.  

Yet, employees have to overcome hurdles such as an employer’s qualified privilege and the innocent construction doctrine.  The Case Law Firm can assist employees in identifying and bringing defamation claims against the employer.