If your former boss is giving you a bad reference and it’s keeping you from getting a new job, you might be able to stop it with a defamation lawsuit.
If your former employee is trashing your company and hurting its reputation, you, too, might be able to turn to a defamation lawsuit.
It takes more than that, of course, to win a defamation suit. At Burnette Shutt & McDaniel, we will look over the facts of your situation to determine if you have a case. If you do and you decide to proceed, we will fight for you for long as necessary. We can help you negotiate a settlement or we can battle it out in court.
Keep in mind, though, what arises to the level of defamation is. Just because facts are unflattering or a statement is an opinion you disagree with doesn’t make it defamation. If your firing was for excessive absences, a former boss usually is justified in saying that. There are exceptions, of course. If your absences were due to a medical condition, the boss can’t share that information.
On the other hand, if the statements are lies and the boss knew it, there’s a possibility of a defamation suit. It also might be defamation if the boss makes an accusation without evidence of its truthfulness – an unproven suspicion, for example, that an employee was stealing. You might have a cause of action if those accusations are made as part of references or as a reason cited in support of a wrongful termination.
It’s complicated. That’s why, when your reputation and perhaps your career are at stake, you need to talk to an experienced defamation lawyer at Burnette Shutt & McDaniel. We can help you pursue justice if someone else’s statements are damaging you.
We also can counsel companies, helping them craft policies that comply with the law and lessen the change of a defamation lawsuit.