If an employer falsely tells unemployment the former employee has committed a crime, is this actionable defamation?
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If an employer falsely tells unemployment the former employee has committed a crime, is this actionable defamation?
A works for B. B fires A. A seeks unemployment. B tells the unemployment agent that A had written fraudulent prescriptions and that A had been stealing from the company. Both statements are false. A is a young adult looking to go into the medical field. Does A have a case for defamation against B? Slander per se?
Asked on August 2, 2012 under Personal Injury, New Jersey
Answers:
Leigh Anne Timiney / Timiney Law Firm
Answered 11 years ago | Contributor
To prevail in any type of defamation suit, you have to show that a defamatory statement was made about you, the statement was published or made to a third person, the person making the defamatory statement knew the information was false and you have to show economic damage or damage to your reputation as a direct result of the defamation. From the information you gave, it sounds like you would have the elements to pursue a defamation suit. Remember, lawsuits are very expensive and time consuming, even if you feel you are in the right.
Leigh Anne Timiney / Timiney Law Firm
Answered 11 years ago | Contributor
To prevail in any type of defamation suit, you have to show that a defamatory statement was made about you, the statement was published or made to a third person, the person making the defamatory statement knew the information was false and you have to show economic damage or damage to your reputation as a direct result of the defamation. From the information you gave, it sounds like you would have the elements to pursue a defamation suit. Remember, lawsuits are very expensive and time consuming, even if you feel you are in the right.
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