Is it legal formy former employerto slander my name?

UPDATED: Oct 13, 2011

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Is it legal formy former employerto slander my name?

I was let go over a misunderstanding. Worked for this place for 4 years. I was top seller out of our region. Never late, absent, or sent home. I was just recently notified that my ex-manager has been telling possible employers that I was always late, bad attitude, and never met my quota. I also asked the bigger boss to keep something confidential but he spread it around to all managers. Is this a case?

Asked on October 13, 2011 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your employer or former employer cannot defame you any more than anyone can. Of course, not everything negative is defamation. Defamation is the public (to any third parties) making of untrue statements of fact which damage your reputation. An opinion is not defamation, and true facts, no matter how negative, are not defamation. So saying you have a bad attitude, which is an opinion, is not defamation. Statements that you were late or did not meet quota could be defamation, if they are not true.

As to confidetiality: if there is an actual confidentiality agreement or a contract with a confidentiality clause, that is enforceable. But if you just asked him to keep something confidential, he is not obligated to honor your request.

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 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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