When a job ends, whether due to resignation, termination or layoff, most people hope to move on and start fresh. However, if you’ve left a position and a former employer spreads false and damaging information about you, it can seriously affect your reputation and future career opportunities. Defamation by a former employer is not just unprofessional—it can be legally actionable.
Defamation occurs when someone makes a false statement about you to a third party, and that statement causes harm to your reputation. In the context of employment, this could include untrue statements about your performance, integrity or behavior in the workplace. For example, if a former supervisor tells potential employers that you were fired for theft or misconduct when that wasn’t the case, you may have grounds for a defamation claim.
Taking action
To hold a former employer accountable for defamation, certain legal elements must be proven. First, the statement at issue must be false. Truth is a complete defense to defamation, so if the claim made by the former employer is factually accurate, it cannot be considered defamatory—even if it’s damaging.
Second, the statement must have been communicated to someone else. Private thoughts or internal notes not shared with others usually do not qualify. Third, the false statement must have caused you harm, such as loss of job opportunities, damage to your professional reputation or emotional distress.
It’s also important to understand that opinions are generally not considered defamation. For instance, saying someone “wasn’t a good fit” or “lacked leadership skills” might be a subjective view, not a statement of fact. However, statements that imply false factual assertions—like accusing someone of violating company policy or engaging in unethical behavior—can potentially cross the line into defamation.
Legal action may involve sending a cease-and-desist letter, pursuing a settlement or filing a civil lawsuit for defamation. Remedies can include monetary compensation for lost wages and emotional distress, as well as injunctive relief to stop further defamatory statements.
No one should have their career derailed by false accusations or malicious statements from a former employer. If you believe your reputation has been unfairly damaged, taking legal action may not only help restore your good name but also hold the responsible party accountable.
