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Is this Defamation? Liable? |
A former supervisor violated company policy and gave a reference about me that said I was unreliable. He is required by company policy not to give references and to forward all employment inquires to HR or payroll. I had only met that supervisor 1 time in my 3 years with the company and never had any negative preformance reviews. Because of his statement, I did not get a job. Is that defamation and is he and the company, as he is an agent of said company, liable? Note: The supervisor that I only met 1 time said this. The people I worked with on a daily basis said that I was a wonderful employee. In the same reference he said I was unreliable, he also said I preformed my duties satisfactorily. Yes it is defamation. It is defamation only if it's not true. Be sure you can prove he outright lied before taking it any further. Nonetheless, he broke company policy and could be reprimanded or fired for it, but he broke no law unless you can prove demamation. If, as you say, he is considered an agent of the company, he is even more likely to be forgiven for his little indescretion in not following company policy to the letter. "reliability" is not a significant factor in claims of defamation, slander and libel. Instead, the questions involve whether the statement was a statement of fact or opinion and whether it was true and whether it was believed and whether it adversely affected your reputation. Company policy has no bearing on such a suit. Yes, that is the very definition of defamation. You have two years to file in small claims court. However, you are expected to file claim within 6 months of this issue. No attorney is necessary, don't waste time get the procedure for filing in your state or give me the information and I will get it for you. Start with the company, and believe me! they will jump on his bones quick like a bunny! The company is responsible for the guys actions, written or otherwise! Sue the pants off them!!! Yes. Sue the pants offa him! |
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