Employee retaliation

UPDATED: Oct 1, 2022

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Employee retaliation

A temp employee was fired for behavior and
integrity violations. He has now shown up to
the building and now is calling one of our
clients and dragging our good name through
the mud. Wondering if any legal action can be

Asked on June 11, 2018 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You can sue--probably initially threaten to sue, and hope he learns his lesson and backs off--for defamation IF he is making untrue factual assertions or allegations about the company. They must be untrue factual claims, such as that your products are unsafe, or that you violate laws, or lie about pricing, etc. Opinions, no matter how harmful, are not defamation and you cannot take legal action: he can say that you "mistreat" workers, are "shifty," or have care more about money than integrity, and those statements, being opinions, are allowed.
2) If he is on property you control, you can have him arrested for trespassing if he won't leave.
3) If he is blocking customers or clients from entering or otherwise interfering with operations, you could sue him for "tortious"--or wrongful--interference with economic advantage (for taking wrongful actions to interfere with a contract or business).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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