Ask a Lawyer - Archive


   
Former Employer Slandering Former Employee
John F. Melton

Q. 

Is it legal for an employer to tell clients and other people why they fired you, what the employer is saying is untrue. Is this slander?

-- Betsy

A. 

It could be slander depending on what they are saying. From a company perspective, it is very dangerous to tell other potential employers why an employee was terminated. If what the company is saying is not true and the employee can prove it, the company could be liable for slander, defamation, and tortious interference with prospective contractual relations. These common law torts are recognized by courts in most states.

Smart companies typically do not give out that type of information, simply limiting their response to dates of employment, positions held, and possibly whether or not the employee is eligible to be re-hired. Once you start going beyond that, the more likely the company is going to get in trouble.

You should discuss this situation with an employment lawyer to determine your options. You may have a case against your former employer for one or all of those torts.

John F. Melton
Ross|Melton, P.C.
1104 San Antonio Street
Austin, Texas 78701
Austin employment lawyer

-- John F. Melton






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