What can you do if a former employer is slandering you?

Asked by: Miss Mireille Auer  |  Last update: May 15, 2025
Score: 4.8/5 (43 votes)

What should you do? Answer: You may be able to sue your former employer for defamation of character. Defamation is where someone makes knowingly false statements, or makes false statements with reckless disregard as to their truth. The statements must be factual statements as opposed to opinion.

What to do when a former employer is bad mouthing you?

Talk to the Former Employer if Feasible: If you believe there might have been an innocent misunderstanding or that the reference was unintentionally negative, consider contacting your former employer. Politely express your concerns and ask for clarification.

What proof do you need for slander?

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence ; and 4) damages , or some harm caused to the reputation of the person or entity who is the ...

What qualifies as slander in the workplace?

Slander is oral defamation. It happens when someone tells one or more persons a falsehood about another person and the falsehood harms the reputation of the person being defamed. This is where an Oakland employer retaliation law firm can help. In the state of California, slander is a civil wrong.

Can your former employer say bad things about you?

There are no state or federal laws that prohibit an employer, a coworker, or anyone else from providing a poor reference for someone else.

"My Former Employer is Slandering Me!! What Can I Do?"

25 related questions found

Is it illegal to badmouth a former employee?

, and that's illegal. The EEOC states that former employees are among those protected against retaliation under equal opportunity laws. Attorney Barbara Kate Repa says to also check with your state labor department to see if your state regulates what an employer can say about former employees.

What to do when a former employee slanders you?

Slander from an ex-employee can be extremely harmful because others might believe it to be true and treat you and your business accordingly. Regardless of whether a person is still employed by you, you have the right to sue them if they slander you.

Can I sue a former employer for defamation?

The law protects you from your employer intentionally or recklessly making false statements about you to prospective employers or other employees that damage your reputation. You can sue if your employer defames you. You have a limited time to file a defamation lawsuit.

How to find out if a former employer is slandering you?

You can also use a reference checker to find out if a former employer is only telling the facts, or if he or she is lying or exaggerating to the point that it can be considered defamation. Before you use a reference checking service, try to find out your old company's reference policy.

Can you sue for slander without proof?

The Statement Was Factually False: You must prove the statement was untrue. True statements or opinions do not qualify as slander. The Statement Caused You Harm: Demonstrable harm, such as financial losses, social repercussions, or emotional distress, must be proven.

Is it worth suing for slander?

In general, pursuing a defamation lawsuit may be worthwhile if: The defamatory statement(s) are demonstrably false and have caused significant harm to your reputation or career. You have strong evidence to support your claim. The potential damages are substantial enough to justify the costs and risks of litigation.

At what point is slander illegal?

In fact, it is illegal to make statements about someone that you know are blatantly false. This act is referred to as slander. If the subject of the slander and their reputation suffer because of your actions, you may be taken to court. And you may have to pay monetary damages if the person can prove defamation.

How much does it cost to sue for slander?

The average cost of a defamation lawsuit at Minc Law typically ranges from $15,000 to $25,000. Some defamation lawsuits are resolved for less, while others may be more costly, depending on the unique facts of each situation.

How can I sue my former employer for emotional distress?

You can prove pain and suffering by keeping a log of the workplace violation and your mental anguish. During a lawsuit, you can testify about the emotional harm you've experienced. Coworkers, friends, and family members can also act as witnesses. Written proof can strengthen your case.

How to find out if a former employer is blackballing you?

Contact Former Employers or HR Departments.

If you suspect you've been blacklisted, one of the most direct approaches is to reach out to previous employers.

Can I sue my employer for talking bad about me?

If your employer knowingly or recklessly made false statements about you and you were harmed as a result, you can sue them for defamation of character.

Can my previous employer badmouth me?

Defamation: If a plaintiff can prove that (1) her former employer knowingly or negligently communicated a false statement about her to a prospective employer, and (2) she suffered damages as a result, then the former employer may be liable for defamation.

Can I sue my employer for ruining my reputation?

It depends. If an employer or supervisor simply provided an opinion on your job performance in your files, you would not be able to sue for a ruined reputation. However, if your files contain wrong and injurious statements, you could potentially sue an employer.

Can you sue your employer for false accusations?

Yes, you can sue an employer for firing you under false accusations. False accusations can cause irreparable damage to an employee's career, and it's an employer's job to ensure that they have the correct information before beginning termination procedures.

How to prove employer defamation?

In general, an employee must prove these elements: (1) the employer made a false statement of fact about an employee, (2) the statement was published (i.e., it was actually transmitted to somebody else), (3) the employer knew or should have known of the falsity of the statement, (4) the statement wasn't privileged, and ...

How often are slander cases won?

Floyd Abrams, a New York lawyer who specializes in representing media organizations, estimates that individuals who sue for libel win about 75 percent of the cases that end up before a jury. But the media succeed in reversing jury verdicts most of the time after they appeal to higher courts.

Can a former employer disparage you?

Workplace Defamation in California

Employers in California are protected under the state's qualified privilege laws whenever they provide information about a previous employee. Generally, employers are not liable as long as they express information factually and without malice.

What to do when a former employee is bad mouthing you?

Take legal action

If a former employee is spreading false information that is exceptionally and provably false, then legal recourse may be the best option. However, simple “badmouthing” may need a softer approach, at least at first.

How much can I claim for defamation of character?

The amount one can sue for defamation varies widely based on several factors including the severity and extent of damage caused by the defamatory statement. However, damages typically range from thousands to millions of dollars depending on circumstances such as loss earnings and emotional distress.

What to do when someone tries to ruin your reputation at work?

Here is what to do if you believe you're being defamed.
  1. Step 1: Evaluate the Situation. ...
  2. Step 2: Consult a Defamation Lawyer. ...
  3. Step 3: Demand a Retraction. ...
  4. Step 4: Consider Legal Action. ...
  5. Step 5: Monitor and Protect Your Online Presence.
  6. Step 6: Seek Emotional Support. ...
  7. Step 7: Rebuild Your Reputation.