Can I explain to clients why we fired an employee?

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Can I explain to clients why we fired an employee?

Asked on January 18, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, yes, you can do this unless their was some confidentiality agreement in place, such as part of a separation agreement. Practically, it's unwise: if you say anything that damages the employee and it gets back to her, she may try to sue for defamation; and while she obviously may not win, since provably true negative statements or things which are purely opinions are not defamation (only untrue factual allegations are defamation), do you really need to respond to or deal with a lawsuit by an ex-employee?


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