Can I we win?

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Can I we win?

I recently quit my job due to my boss not paying me and making threatening statements. Much false information got put out on the street because of him; I have a class a CDL and now it’s hard to find work because he’s lying about how long I worked for him. So now I’m missing wages. I have proof of all things he’s done.

Asked on September 16, 2018 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the "bad mouthing" consists of false factual statements about you--things which be proven to be false--they would be defamation; you could in that case sue for monetary compensation and/or an order barring him from continuing to do this. If they are only opinions, however, or true statements, even if negative, they are not defamation, are legal, and he can make them. Examples:
1) He says you were fired for having an accident in a company vehicle, when you did have an accident and were not fired (you quit): those are false factual statements and would be defamation.
2) He says you quit your job: that is true, so it is not defamation.
3) He says you were difficult to work with: that is his opinion, not a provable (or disprovable) fact, and so is not defamation.
If you think you have a defamation claim, speak with an attorney about what it's worth and, if it's worthwhile, pursuing it.


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