Can a past employer talk bad about his past employee to customers?
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Can a past employer talk bad about his past employee to customers?
Past employer was talking atrocious things about a past employee who hasnt been with the company over 7 months, They are telling the customers false information about the past employee
Asked on June 5, 2012 under Employment Labor Law, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The former employee can sue the former employer for defamation. Defamation is a false statement made with knowledge of its falsity communicated to a third person who recognizes the defamatory content and the statement is injurious to one's reputation. Each repetition of the defamatory statement is actionable in a lawsuit for defamation.
Slander is spoken defamation. Libel is written defamation.
If the slanderous statement is that the person has committed a serious crime, has a present, loathsome disease or imputes characteristics incompatible with business, trade or profession, the compensation the employee would seek to recover in a lawsuit would be general damages such as medical expense, physical illness, mental distress, loss of friends and associates.
If the slanderous statement does not fall into one of those categories, then special damages which means pecuniary loss such as lost income would have to be proven in order for the person to prevail in a lawsuit for defamation.
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